Coronavirus Act 2020
In this Act—
Sections 35(7) (period of remand to hospital for report on mental condition) and 36(6) (period of remand to hospital for treatment) have effect as if the words “or for more than 12 weeks in all” were omitted.
The provisions listed in sub-paragraph (2) have effect as if references to conveying or admitting a person to hospital within a specified period were references to doing so within that period or as soon as practicable after the end of that period. Those provisions are— Section 47(2) (period within which person subject to transfer direction must be received into hospital) has effect as if for “14 days” there were substituted “28 days”. This paragraph applies, during a period for which it has effect, only in relation to a person in respect of whom an order or direction is made after the beginning of that period.
Sub-paragraph (2) applies if the President of the Mental Health Review Tribunal for Wales (“the Tribunal”), or another member of the Tribunal appointed by the President for the purpose referred to in paragraph 4 of Schedule 2 to the 1983 Act, considers that it is impractical or would involve undesirable delay for the Tribunal to be constituted, for the purposes of any proceedings or class or group of proceedings under the 1983 Act, by at least three members as provided for in that paragraph. The President, or that other member, may instead appoint to constitute the Tribunal, for the purposes of those proceedings or that class or group of proceedings— Where the Tribunal is constituted by one or two members under sub-paragraph (2)(a) or (b), section 65(3) has effect as if the reference to any three or more of its members were a reference to that one member or those two members (as the case may be). Paragraph 6 of Schedule 2 to the 1983 Act does not apply where the Tribunal is constituted by one or two members under sub-paragraph (2)(a) or (b). If the Tribunal is constituted by two members, the legal member is to be the chairman. Where the Tribunal is constituted by a single member under sub-paragraph (2)(a), in rule 11(2) of the Mental Health Review Tribunal for Wales Rules 2008 (S.I. 2008/2705) (“the 2008 Rules”), the reference to the chairman is to be read as a reference to that member. Where the Tribunal is constituted under sub-paragraph (2) without a medical member, rule 20(1) and (2) of the 2008 Rules does not apply.
Section 297(2) (panels to have 3 members, all present) has effect as if for “(all of whom must be present during any proceedings of the panel)” there were substituted , all of whom must be present during any proceedings of the panel, except where—
Paragraph 4(2) of Schedule 2 (medical practitioner making medical report for inclusion in report under paragraph 2 to have examined P not more than 2 days before date on which medical report is made) has effect in relation to the making of a medical report during a period for which this paragraph has effect as if for “two days” there were substituted “five days”.
Where a panel, during a period for which paragraph 3, 4, 5 or 9 has effect, operates in reliance on that paragraph, the panel must as soon as practicable after making the decision concerned give written notice of that fact to P and P’s nominated person.
A court considering whether to remand an accused person to hospital under section 162(1) may regard the treatment condition as met where the court— and any other requirements for the treatment condition to be met are satisfied. In sub-paragraph (1)(b), “relevant medical practitioner” means a medical practitioner referred to in paragraph (a) or (b) (as the case may be) of section 165(3).
Section 183 (period within which appropriate medical practitioner making extension report in relation to public protection order without restrictions must have examined person subject to order) has effect as if in subsection (3)—
in paragraph (a) of the definition of “the reporting period” (first extension under section 181), for “last month” there were substituted “last two months”, and
in paragraph (b) of that definition (subsequent extension under section 182), for “last two months” there were substituted “last three months”.
The Code of Practice for the time being published under section 288 is subject to the provisions of such further Code of Practice (“temporary Code”) as the Department of Health in Northern Ireland may prepare, as appropriate revise, and publish, for the guidance, in relation to a period for which a provision of this Schedule has effect, of such of the persons or bodies referred to in subsection (1) of that section as the Department considers appropriate on such matters as the Department considers appropriate. Subsections (4) to (6) and (8) to (10) of section 288 apply to a temporary Code as they apply to a Code of Practice referred to in that section. Section 288 does not otherwise apply to a temporary Code.
Before an appropriate authority imposes a financial penalty on a person under section 28, the authority must by written notice (a “notice of intent”) inform the person that it intends to impose the penalty. The notice of intent must specify—
After the end of the period of 14 days referred to in paragraph 3 the appropriate authority which gave the written notice must— If the appropriate authority decides to impose a financial penalty on the person, it must do so by written notice (a “final notice”). The final notice must require the person to pay the financial penalty within the period of 28 days beginning with the day after that on which the notice was given to the person. The final notice must specify—
A person on whom a financial penalty is imposed by a final notice may appeal against the notice— The grounds for an appeal under this paragraph are that— If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn. On an appeal under this paragraph the tribunal, court, sheriff or summary sheriff may—
In this Part of this Schedule—
the period of 6 months beginning with the day on which this Act is passed, and
a school;
An individual who has responsibility for a child must, so far as reasonably practicable, secure that the child complies with any direction, instruction, requirement or restriction given to or imposed on the child under this Part of this Schedule. An individual who has responsibility for a child must provide to a person exercising a power under this Part of this Schedule such information and assistance in relation to the child as is reasonably necessary and practicable in the circumstances. A power under this Part of this Schedule to direct or require a child to go to a place may instead be exercised by directing or requiring an individual who has responsibility for the child to take the child to the place. A power under paragraph 10 or 14 may only be exercised in relation to a child in the presence of— Where a power under this Part of this Schedule is exercisable in relation to a child but the child is not accompanied by an individual who has responsibility for the child, the person by whom the power is exercisable must— Where a child has a right of appeal (see paragraph 17) the right may be exercised by an individual who has responsibility for the child. For the purposes of this paragraph—
A person exercising a power conferred by this Part of this Schedule must have regard to—
any relevant guidance issued, before or after the passing of this Act, by the Secretary of State, and
any advice given by a public health officer in relation to any particular case.
The Health Protection (Coronavirus) Regulations 2020 (S.I. 2020/129) (“the 2020 Regulations”) are revoked. Any area declared by the Secretary of State under regulation 2 of the 2020 Regulations is to be regarded as an infected area for the purposes of this Schedule. The declaration made by the Secretary of State on 10 February 2020 under regulation 3 of the 2020 Regulations is to be regarded as a declaration made by the Secretary of State under paragraph 4 of this Schedule. The revocation of the 2020 Regulations does not affect any requirement imposed on a person under regulation 4 of the 2020 Regulations (detention). Any requirement or restriction which— is to be regarded as having been imposed under paragraph 14 of this Schedule. A person who, at the time the 2020 Regulations are revoked, is being removed or kept under regulation 14(2)(b) or (c) is to be treated as removed or kept under (respectively) paragraph 7(2)(b) or 13(2) of this Schedule.
If at any time the Secretary of State is of the view that— the Secretary of State may make a declaration to that effect. If, having made a declaration under this paragraph, the Secretary of State ceases to be of the view mentioned in sub-paragraph (1), the Secretary of State must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— Before making or revoking a declaration under this paragraph, the Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care. The Secretary of State may make a declaration under this paragraph on more than one occasion.
The Secretary of State may vary or revoke to any extent a direction issued under this Part of this Schedule.
A person, or description of person, designated in writing for the purpose of this sub-paragraph by the Welsh Ministers may take such action as is necessary to enforce compliance with a direction issued under this Part of this Schedule. Proceedings for an offence under this Part of this Schedule may be brought by a person, or description of person, designated in writing for the purpose of this sub-paragraph by the Welsh Ministers. The powers conferred by or under this paragraph do not affect any other power to enforce compliance with a direction issued under this Part of this Schedule or to bring proceedings for an offence under this Part of this Schedule.
The Executive Office may, for the purpose of— issue a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, premises in Northern Ireland. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect or imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. A direction under sub-paragraph (1) may, among other things, impose requirements for the purpose of— A direction under sub-paragraph (1) may impose prohibitions, requirements or restrictions by reference to (among other things)—
Compliance with a direction issued under this Part of this Schedule may be enforced by— In exercising the power of enforcement conferred by sub-paragraph (1), a person may—
When a public health response period comes to an end, a direction under this Part of this Schedule issued during that period ceases to have effect in respect of times after the end of the period.
The Crime and Disorder Act 1998 has effect as if amended in accordance with this Part of this Schedule. For the heading of Part 3A there were substituted “Live links in preliminary, sentencing & enforcement hearings”.
Section 57E has effect as if amended as follows. For subsections (1) to (3) there were substituted— In subsection (4), for “Such a direction” there were substituted “A live link direction under this section”. After subsection (4) there were inserted— Subsection (5) were omitted. In subsection (6)— After subsection (6) there were inserted— Subsection (7) were omitted. After subsection (8) there were inserted—
After Schedule 3 there were inserted—
In this Part of this Schedule, “public health response period” means a period which—
begins when the Secretary of State makes a declaration under paragraph 3(1), and
ends when the Secretary of State revokes the declaration.
Where an educational closure direction has effect in relation to a school— Any failure by an education authority to discharge the duty under section 4(1) of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (provision for additional support needs) is to be disregarded to the extent that the failure is attributable to an educational closure direction. Any failure by an education authority to discharge the duty under section 47(1) of the Children and Young People (Scotland) Act 2014 (duty to secure provision of early learning and childcare) is to be disregarded to the extent that the failure is attributable to an educational closure direction. Where early learning and childcare is provided by a person in premises other than a school, references to “school” in sub-paragraph (1) are to be read as if they were references to premises in which such early learning and childcare is provided.
A relevant authority must comply with a direction under this Part of this Schedule. A relevant authority must have regard to any guidance given by the Scottish Ministers about how to comply with a direction under this Part of this Schedule. The duty imposed on a relevant authority to comply with a direction under this Part of this Schedule is enforceable, on an application made by the Scottish Ministers, by interdict or (as the case may be) by specific implement. An application made under sub-paragraph (3) may be made without notice being given to the relevant authority. In this paragraph, “relevant authority” has the meaning given by paragraph 7(3).
The Department may give a temporary closure direction that applies to— A temporary closure direction under this paragraph is a direction that requires the governing body of a relevant institution to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the institution for purposes connected with the institution. Before giving a direction under this paragraph the Department— A temporary closure direction under this paragraph may— Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph. Where a direction relates to a person specified by name— A temporary closure direction under this paragraph has effect until the earlier of— The governing body of an institution to which a temporary closure direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction. The duty of a governing body of an institution to comply with a temporary closure direction under this paragraph is enforceable against that body by the Department making an application to the High Court or a county court for an injunction. An application under sub-paragraph (9) may be made without notice being given to the governing body of the institution. In this paragraph—
The Welsh Ministers may give a temporary continuity direction that applies to— A temporary continuity direction is a direction that— Before giving a direction under this paragraph, the Welsh Ministers— A temporary continuity direction under this paragraph may— The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Welsh Ministers making an application to the High Court or the county court for an injunction. An application made under sub-paragraph (5) may be made without notice being given to the relevant institution or responsible body. In this paragraph—
one or more named relevant institutions in Wales;
all relevant institutions in Wales (or any part of Wales);
relevant institutions in Wales (or any part of Wales) of a particular description.
The Secretary of State may by notice make provision in relation to England— A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to— A notice under sub-paragraph (1) may also make such consequential modifications of any other enactment, for the specified period, as the Secretary of State considers appropriate. A notice under sub-paragraph (1) must state why the Secretary of State considers that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus. This is the list referred to in sub-paragraph (1)(a)— This is the table referred to in sub-paragraph (1)(b)— Act Enactment Authorised modification The Further and Higher Education Act 1992 Section 44 (collective worship) Any duty imposed on a person by section 44 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. The Further and Higher Education Act 1992 Section 51A (duty to provide for named individuals: England) Any duty imposed by section 51A on a governing body of an institution within section 51A(1) is to be treated as discharged if the governing body has used reasonable endeavours to discharge the duty. Education Act 1996 Section 3 (definition of “pupil”) A person is not for the purposes of the Education Act 1996 to be treated as a pupil at a school merely because any education is provided for that person at the school on a temporary basis for reasons relating to the incidence or transmission of coronavirus. Education Act 1996 Section 14 (functions in respect of primary and secondary schools) Any duty imposed on a person by section 14 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Section 15ZA to 15ZC (duties on local authorities in respect of post-16 education and training) Any duty imposed on a person by sections 15ZA to 15ZC is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Section 19 (exceptional provision of education in pupil referral units or elsewhere) Any duty imposed on a person by or under section 19 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Sections 508A to 508F and Schedule 35C (travel arrangements) Any duty imposed on a person by sections 508A to 508F or Schedule 35C is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Sections 512 to 512ZB (school meals) Any duty imposed on a person by sections 512 to 512ZB is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. School Standards and Framework Act 1998 Section 70 (requirements relating to collective worship) Any duty imposed on a person by section 70 is to be treated as discharged if the person used reasonable endeavours to discharge the duty. School Standards and Framework Act 1998 Section 88D (determination of admission numbers) Section 88D has effect as if subsections (1) and (3) were omitted, and in subsection (2) for “Such a determination under section 88C may also” there were substituted “A determination under section 88C may” and paragraph (b) (and the preceding “and”) were omitted. School Standards and Framework Act 1998 Section 99 (general restriction on selection by ability or aptitude) Section 99 has effect as if subsections (2) and (4), and the words from “unless” to the end in subsection (3), were omitted. Education Act 2005 Section 5 (duty of chief inspector to inspect certain schools) The duty imposed by section 5(1)(a) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. Education Act 2005 Section 13 (duty of chief inspector to consider comments on reports of schools causing concern) The duty imposed by section 13(2)(b) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. Education Act 2005 Section 15 (measures to be taken by local authority) The duty imposed on a local authority by virtue of section 15(3) is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. Education Act 2005 Section 17 (statement to be prepared by proprietor of school) The duty imposed on a person by virtue of section 17(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2005 Section 48 (inspection of religious education: England) Any duty imposed on a person by section 48(3) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2005 Section 49 (procedure for inspection under section 48) Any duty imposed on a person by section 49(1) or (2) is treated as discharged if the person has used reasonable endeavours to discharge the duty. Childcare Act 2006 Sections 7 and 7A (duty to secure early years provision free of charge in accordance with regulations) Any duty imposed on a person by or under section 7 or 7A is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Childcare Act 2006 Section 12 (duty to provide information, advice and assistance) Any duty imposed on a person by or under section 12 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education and Skills Act 2008 Section 124(2) (time limit for appeal by proprietor against decision to deregister independent educational institution) The period for bringing an appeal is to be treated as increased from 28 days to 3 months. Education and Skills Act 2008 Section 125(2) (time limit for appeal by proprietor against other decisions relating to independent educational institution) The period for bringing an appeal is to be treated as increased from 28 days to 3 months. Children and Families Act 2014 Section 42 (duty to secure special educational provision and health care provision in accordance with EHC Plan) Any duty imposed on a person by section 42 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. The specified period in a notice under sub-paragraph (1) must not exceed one month. The Secretary of State may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice. A cancellation notice may contain transitional or saving provision. Where a notice under sub-paragraph (1) modifies section 124(2) or 125(2) of the Education and Skills Act 2008 in the manner specified in the table in sub-paragraph (6), that modification continues to have effect in relation to any decision notice served during the specified period in the notice (except that if the notice is cancelled, that specified period is treated as having ended at the time the cancellation of the notice takes effect under sub-paragraph (8)). Nothing in sub-paragraph (7) or (8) prevents the making of a further notice in relation to any provision. Subject to sub-paragraph (13), the Secretary of State must— Where the notice relates to a person specified by name— In this paragraph—
A relevant operator of an educational establishment must have regard to any advice relating to coronavirus from the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers. Before giving a direction under paragraph 11, the Scottish Ministers— In this paragraph, “relevant operator”, in relation to an educational establishment, is to be construed in accordance with paragraph 11(6) to (8).
Subject to sub-paragraph (2), the Scottish Ministers must publish a direction under paragraph 11. Where a direction relates to a person specified by name— A direction under paragraph 11 has effect until the earlier of— Where a direction under paragraph 11 makes provision mentioned in paragraph 11(3), the Scottish Ministers must, so long as it remains in effect, review the direction—
The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere). The power in sub-paragraph (1) may be exercised— Regulations under sub-paragraph (1) may in particular include provision— The restrictions or requirements mentioned in sub-paragraph (3)(c) include in particular— The power in sub-paragraph (1) is subject to paragraphs 2 and 3. For the purposes of this Schedule, “health board” and “local authority” have the meanings given in section 124 of the Public Health etc. (Scotland) Act 2008.
For the purposes of this Schedule— In relation to a person, that the person— In relation to a thing— In relation to premises— For the purposes of this paragraph—
Where the Secretary of State gives a direction under paragraph 1(1), the Secretary of State may also give a direction in writing to any person requiring the person to make such arrangements, or take such steps, as the Secretary of State considers appropriate in consequence of the direction under paragraph 1(1). A direction under sub-paragraph (1) must specify— and be accompanied by the direction under paragraph 1(1) to which it relates. A direction under sub-paragraph (1) may, among other things—
In this Schedule—
The Tribunals, Courts and Enforcement Act 2007 has effect as if after section 29 there were inserted—
In this Schedule “the relevant period” means the period— The relevant national authority may by regulations made by statutory instrument amend sub-paragraph (1)(b) to specify a later date than the date for the time being specified there. In this Schedule “relevant national authority” means—
The Mental Health Review Tribunal for Wales Rules 2008 (“the 2008 Rules”) have effect subject to this paragraph. The Tribunal may determine an application or reference without a hearing if it considers that— The Tribunal must, as soon as reasonably practicable, give notice to each party of— Where an application or reference is to be determined in accordance with sub-paragraph (2)— The Tribunal may at any time reverse a decision to dispense with a hearing under sub-paragraph (2), and if it does so it must give notice to each party and make such consequential directions as it considers appropriate. Expressions used in this paragraph and in the 2008 Rules have the same meaning as in those Rules.
Paragraph 5 of Schedule 2 (person making report under paragraph 2 to have personally seen P not more than 2 days before date on which report is made) has effect in relation to the making of a report during a period for which this paragraph has effect as if for “two days” there were substituted “five days”.
The Secretary of State may by regulations amend the list in paragraph 5(5) or the table in paragraph 5(6) so as to add an enactment relating (directly or indirectly) to children, education or training, or to vary or remove an entry. The power to make regulations under this paragraph is exercisable by statutory instrument. Regulations under this paragraph may— A statutory instrument containing regulations under this paragraph must be laid before Parliament as soon as reasonably practicable after being made. Regulations contained in an instrument laid before Parliament by virtue of sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of each House of Parliament. In calculating the period of 40 days, no account is to be taken of any time during which— Where regulations cease to have effect as a result of sub-paragraph (5), that does not— Where a notice has been given under paragraph 5 by virtue of the regulations and the regulations cease to have effect during the specified period set out in that notice, the specified period is treated as ending at the time the regulations cease to have effect.
The provisions of this Schedule bind the Crown.
If the President of the Tribunal is temporarily unable to discharge the functions of the office, the President of the Welsh Tribunals may from time to time nominate another legal member of the Tribunal to act as the temporary deputy of the President of the Tribunal for the purpose of discharging those functions generally or certain of them specifically. While such a nomination remains in force, any reference to the President of the Tribunal in the 1983 Act or any other enactment or instrument is to be read accordingly.
For the purposes of paragraph 1 the “volunteering periods” are— A volunteering period specified in regulations under sub-paragraph (1)(b) or (1)(c)— In this paragraph the “relevant national authority” means— The Secretary of State may not make regulations under this paragraph in relation to Northern Ireland unless the Department for the Economy in Northern Ireland consents.
This paragraph applies in relation to a worker who is supplied by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal. Where the worker gives notice and a certificate under paragraph 1(2) to the employer, the employer must as soon as reasonably practicable provide copies of them— For the purposes of the provisions mentioned in sub-paragraph (4) references to the worker’s employer are to be read as including— (where they would not otherwise be the worker’s employer). The provisions referred to in sub-paragraph (3) are—
Paragraph 19(2) of Schedule 1 (time limit for panel’s decision) has effect as if for “7 working days” there were substituted “28 working days”.
A reference in this Act to infection or contamination, however expressed, is a reference to infection or contamination with coronavirus.
But a reference in this Act to persons infected by coronavirus, however expressed, does not (unless a contrary intention appears) include persons who have been infected but are clear of coronavirus (unless re-infected).
Schedule 1 contains temporary modifications of—
the Nursing and Midwifery Order 2001 (S.I. 2002/253), and
the Health Professions Order 2001 (S.I. 2002/254).
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the National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)), and
the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (S.I. 2004/478 (W. 48)).
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the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114),
the National Health Service (General Medical Services Contracts (Scotland) Regulations 2018 (S.S.I. 2018/66), and
the National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018 (S.S.I. 2018/67).
Schedule 4 contains temporary modifications of the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).
Schedule 5 contains temporary modifications of—
the Social Workers Regulations 2018 (S.I. 2018/893), and
the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
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the Regulation of Care (Scotland) Act 2001 (asp 8), and
the Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 (S.S.I. 2013/227).
Schedule 7 makes provision for emergency volunteering leave.
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The Secretary of State must make arrangements for making payments to emergency volunteers by way of compensation—
for loss of earnings;
for travelling and subsistence.
A person is entitled, in respect of acting as an emergency volunteer, to receive payments by way of compensation in accordance with arrangements made under this section.
But a person is entitled to receive payments by way of compensation for loss of earnings only if, in consequence of acting as an emergency volunteer, the person has suffered a loss of earnings that the person would otherwise not have suffered.
The arrangements made under subsection (1) may include—
conditions that a person must satisfy in order to be entitled to receive payment by way of compensation;
different provision for different cases;
provision about the procedure for making a claim;
provision about how the amount a person is entitled to claim is to be determined;
provision about the manner in which payments are to be made by the Secretary of State;
provision specifying limits on the amount that a person is entitled to claim.
Sums required for the payment of compensation in accordance with this section are to be provided by the Secretary of State out of money provided by Parliament.
The reference in subsection (1)(b) to payments by way of compensation for subsistence includes a reference to vouchers and other benefits which may be used to pay for subsistence, whether or not their use is subject to any limitations.
The Secretary of State must—
publish arrangements made under this section in such manner as the Secretary of State considers appropriate, and
lay before Parliament a statement about arrangements made under this section, as soon as reasonably practicable after they are made.
In this section a person is an “emergency volunteer” if an appropriate authority certifies that the person—
has been approved by the authority as an emergency volunteer in health or social care, and
has acted as an emergency volunteer in health or social care for a period for which emergency volunteering leave could have been taken (whether or not the person is entitled to take, or actually took, emergency volunteering leave).
In this section “appropriate authority”, “emergency volunteering leave” and “health or social care” have the same meaning as in Schedule 7 (see paragraphs 4 and 31 of that Schedule).
Schedule 8 contains temporary modifications of the Mental Health Act 1983, and related provision.
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Schedule 10 contains temporary modifications of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), and related provision.
Schedule 11 contains temporary modifications of the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)), and related provision.
The appropriate authority may—
indemnify a person in respect of a qualifying liability incurred by the person, or
make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.
References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.
“Relevant service” means a service which is provided by a person as part of the health service and which—
relates to—
caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,
caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or
diagnosing or determining whether a person has been infected or contaminated,
relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or
relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.
In a case within subsection (1)(a), any question relating to— is to be determined by the appropriate authority.
whether a person has incurred a qualifying liability, or
the amount of any payment by virtue of subsection (1),
In a case within subsection (1)(b)—
any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;
any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.
Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.
In this section—
“education authority”, “grant-aided school”, “independent school”, “public school”, “school” and “school education” have the meanings given by section 135(1) of the 1980 Act;
“the relevant period” means the period beginning with the date on which this Act is passed and ending with 1 February 2021;
“local government area” has the same meaning as in the Representation of the People Act 1983 (see section 203(1) of that Act).
Where any form prescribed for use in connection with a provision of the 2003 Act or the 1995 Act is inconsistent with a modification made by Part 2 or (as the case may be) Part 3 of this Schedule, the form—
may, in connection with the provision as so modified, be used with appropriate amendments;
is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
An application for assessment may be made by a relevant social worker in accordance with Article 4 if the social worker is of the opinion that an application should be made but that it is impractical or would involve undesirable delay for the application to be made by an approved social worker. A patient may be admitted to hospital for assessment and there detained for the period allowed by Article 9 (as modified by paragraph 6), in pursuance of such an application; and— A relevant social worker who is proposing to make an application in reliance on this paragraph must inform the patient, and where practicable the person (if any) appearing to the relevant social worker to be the nearest relative of the patient, that— Article 5(2) (person making application must have personally seen patient not more than 2 days before date of application) has effect in relation to an application for assessment made during a period for which this sub-paragraph has effect (whether by an approved social worker or a relevant social worker) as if for “two days” there were substituted “five days”. An application for assessment made by a relevant social worker in reliance on this paragraph must be accompanied by a written statement complying with sub-paragraphs (6) and (7). The statement must specify— The statement must contain a summary of the views (if any) expressed by the patient and the person (if any) who was informed in accordance with sub-paragraph (3). Article 5 otherwise does not apply in relation to an application for assessment made in reliance on this paragraph. Where an application for assessment is made by a relevant social worker in reliance on this paragraph, Form 2 has effect as if— In this paragraph, “relevant social worker” means a person (other than an approved social worker) who—
Article 9(1) (period within which patient admitted to hospital in pursuance of an application for assessment must be examined by a medical practitioner) has effect as if for “immediately after” there were substituted “as soon as practicable and not later than 12 hours after”. Article 9(4) (period for which patient may be detained in hospital for assessment following report on examination under Article 9(1)) has effect — Article 9(5) (period within which patient must be examined by responsible medical officer where examination under Article 9(1) was not by that officer) has effect as if for “sub-paragraph (b) of paragraph (4)” there were substituted “sub-paragraph (aa) or (b) of paragraph (4)”. Article 9(8) (further period for which patient may be detained for assessment where responsible medical officer furnishes report under Article 9(8)) has effect as if for “7 days” there were substituted “21 days”.
Article 42(7) (including as applied by Article 43(5)) (periods of remand of accused to hospital for report on mental condition or treatment) has effect as if the words “or for more than 12 weeks in all” were omitted.
The Department of Justice in Northern Ireland may give a transfer direction under Article 53(1) (transfer of prisoners etc to hospital) if the Department— and any other conditions for the giving of the transfer direction are met. Article 54(1) has effect as if for “satisfied by the same reports as are required” there were substituted “satisfied by the same report as is required”.
The Code of Practice for the time being published under Article 111 is subject to the provisions of such further Code of Practice (“temporary Code”) as the Department of Health may prepare, as appropriate revise, and publish, for the guidance, in relation to a period for which a provision of this Schedule has effect, of medical practitioners, the Board, authorised HSC trusts, staff of hospitals and social workers in relation to admission of patients to hospitals. The Department of Health must consult RQIA, and such other bodies as appear to it to be concerned, in relation to the preparation or revision by it of any such temporary Code.
If at any time the Executive Office is of the view that— the Executive Office may make a declaration to that effect. If, having made a declaration under this paragraph, the Executive Office ceases to be of the view mentioned in sub-paragraph (1), the Executive Office must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— Before making or revoking a declaration under this paragraph, the Executive Office must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health in Northern Ireland. The Executive Office may make a declaration under this paragraph on more than one occasion.
The Executive Office may vary or revoke to any extent a direction issued under this Part of this Schedule.
A person commits an offence if the person fails without reasonable excuse to comply with a prohibition, requirement or restriction imposed on the person by a direction issued under this Part of this Schedule. A person guilty of an offence under this paragraph is liable—
Section 53 has effect as if amended as follows. In subsection (1)—
Section 55 has effect as if amended as follows. In subsection (2)— In subsection (3)—
Section 57B has effect as if amended in accordance with sub-paragraphs (2) to (5). In the heading, “where accused is in custody” were omitted. For subsections (2) and (3) there were substituted— Subsections (4) and (5) were omitted. After subsection (7) there were inserted— Sections 57C and 57D were omitted.
After section 57F there were inserted—
In this Part of this Schedule—
If an offence under paragraph 44 committed by a body corporate is proved— the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly. In sub-paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
This paragraph applies where, during a transmission control period— The immigration officer or constable may, subject to sub-paragraphs (3) to (6), keep the person at that place until such time as a public health officer can exercise the functions under paragraphs 9 to 11 in relation to that person. A person may not under sub-paragraph (2) be kept— If before the end of the period referred to in sub-paragraph (3)(a) or (b) the immigration officer or constable considers that it is necessary to extend the period because it is not reasonably practicable for a public health officer to exercise the functions under paragraphs 9 to 11 before the end of that period, the officer or constable may, with the consent of a relevant officer, extend the period for a further— In sub-paragraph (4) “relevant officer” means— An immigration officer or constable may keep a person under this paragraph only if they consider it is necessary and proportionate to do so— Where an immigration officer or constable keeps a person at a place under this paragraph, they must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.
A direction, instruction, requirement or restriction under this Part of this Schedule may be given or imposed orally or in writing. But where a requirement or restriction under paragraph 14 is given to a person orally by a public health officer, the public health officer must as soon as reasonably practicable thereafter give the person a notice setting it out in writing.
When the transmission control period during which a power conferred by this Part of this Schedule is exercised comes to an end, any requirement or restriction imposed under the power ceases to have effect in respect of times after the end of the period.
An individual who has responsibility for a child must, so far as reasonably practicable, secure that the child complies with any direction, instruction, requirement or restriction given to or imposed on the child under this Part of this Schedule. An individual who has responsibility for a child must provide to a person exercising a power under this Part of this Schedule such information and assistance in relation to the child as is reasonably necessary and practicable in the circumstances. A power under this Part of this Schedule to direct or require a child to go to a place may instead be exercised by directing or requiring an individual who has responsibility for the child to take the child to the place. A power under paragraph 75 or 79 may only be exercised in relation to a child in the presence of— Where a power under this Part of this Schedule is exercisable in relation to a child but the child is not accompanied by an individual who has responsibility for the child, the person by whom the power is exercisable must— Where a child has a right of appeal (see paragraph 82), the right may be exercised by an individual who has responsibility for the child. For the purposes of this paragraph—
A person exercising a power conferred by this Part of this Schedule must have regard to— In sub-paragraph (1) “relevant authority” means—
In this Part of this Schedule—
“constable” includes any police officer and any member of the Harbour or Airport Police;
“Department of Health” means the Department of Health in Northern Ireland.
If at any time the Scottish Ministers are of the view that— If, having made a declaration under this paragraph, the Scottish Ministers cease to be of the view mentioned in sub-paragraph (1), the Scottish Ministers must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— Before making or revoking a declaration under this paragraph, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers. The Scottish Ministers may make a declaration under this paragraph on more than one occasion.
The Scottish Ministers may vary or revoke to any extent a direction issued under this Part of this Schedule.
The chief constable of the Police Service of Scotland may authorise a police custody and security officer (see section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)) to exercise the powers conferred on a constable by this Part of this Schedule. Accordingly references to a constable in this Part of this Schedule include a police custody and security officer so authorised.
When a public health response period comes to an end, a direction under this Part of this Schedule issued during that period ceases to have effect in respect of times after the end of the period.
The Executive Office may pay compensation in connection with the issuing of a direction under this Part of this Schedule. The power conferred by sub-paragraph (1) does not affect any other power to pay compensation.
Section 51 has effect as if amended in accordance with sub-paragraphs (2) to (8). For subsection (1) there were substituted— In subsection (2)— For subsection (4) there were substituted— After subsection (4) there were inserted— Subsection (5) were omitted. In subsection (6), after “give” there were inserted “or rescind”. For subsection (7) there were substituted— After subsection (8) there were inserted— Section 52 were omitted.
In section 54(1), for “a live link” there were inserted “a live audio link or a live video link by a witness (including the defendant)”.
After Schedule 3 to the Criminal Justice Act 2003 there were inserted—
If the appropriate national authority considers that a designated local authority is failing to exercise its powers under paragraph 5(1) properly, it may give any direction under paragraph 5(1) that could have been given by the designated local authority (and paragraph 5 applies with any necessary modifications).
The appropriate national authority may give guidance as to the exercise by designated local authorities of functions under this Part of this Schedule. Designated local authorities must have regard to any guidance given under this paragraph.
In this Part of this Schedule, “public health response period” means a period which—
begins when the Scottish Ministers make a declaration under paragraph 13(1), and
ends when the Scottish Ministers revoke the declaration.
The poll for the election of any mayor that would otherwise, pursuant to an order under Schedule 5B to the Local Democracy, Economic Development and Construction Act 2009, be held on 7 May 2020 is to be held instead on 6 May 2021.
This paragraph applies where— In this paragraph “emergency period” means a period for which paragraph 26 or (as the case may be) 27 has effect. The local authority is not prevented by that decision from subsequently carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether during or after the emergency period) and deciding to impose a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs. In so far as there is any charge for meeting any needs under section 35 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section. In so far as there is any charge for meeting any needs under section 40 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.
For the purposes of this Schedule, a person is “potentially infectious” at any time if— For the purposes of this paragraph, “infected area” means any country, territory or other area outside the United Kingdom which the Secretary of State has declared as a country, territory or area— A declaration under sub-paragraph (2)—
Paragraphs 30 to 32 apply where, during a transmission control period— A public health officer may exercise a power conferred by paragraphs 30 to 32 only if the officer considers that it is necessary and proportionate to do so—
This paragraph applies where, during a transmission control period— The immigration officer or constable may, subject to sub-paragraphs (3) to (6), keep the person at that place until such time as a public health officer can exercise the functions under paragraphs 53 to 55 in relation to that person. A person may not under sub-paragraph (2) be kept— If before the end of the period referred to in sub-paragraph (3)(a) or (b) the immigration officer or constable considers that it is necessary to extend the period because it is not reasonably practicable for a public health officer to exercise the functions under paragraphs 53 to 55 before the end of that period, the officer or constable may, with the consent of a relevant officer, extend the period for a further— In sub-paragraph (4) “relevant officer” means— An immigration officer or constable may keep a person under this paragraph only if they consider it is necessary and proportionate to do so— Where an immigration officer or constable keeps a person at a place under this paragraph, they must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.
A direction, instruction, requirement or restriction under this Part of this Schedule may be given or imposed orally or in writing. But where a requirement or restriction under paragraph 58 is given to a person orally by a public health officer, the public health officer must as soon as reasonably practicable thereafter give the person a notice setting it out in writing.
When the transmission control period during which a power conferred by this Part of this Schedule is exercised comes to an end, any requirement or restriction imposed under the power ceases to have effect in respect of times after the end of the period.
“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);
The poll for the ordinary election that would otherwise, pursuant to section 3(2) of the Greater London Authority Act 1999 (time of ordinary election for the Mayor of London and the London Assembly), be held on 7 May 2020 is to be held instead on 6 May 2021.
The Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) has effect as if it were subject to the following modifications. The Act has effect as if after section 83 of the English language text there were inserted— The Act has effect as if after section 83 of the Welsh language text there were inserted— Section 101 (appeals against decisions of the registrar) has effect as if— Section 160(1) (power of Social Care Wales to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions under section 83A.
In this Schedule— In this Schedule— Expressions used in this Schedule and in the 1986 Order have the meaning given in that Order.
Article 6(a) (medical practitioner to have personally examined patient not more than 2 days before date on which signs medical recommendation) has effect in relation to an application for assessment made during a period for which this paragraph has effect (whether by an approved social worker or a relevant social worker) as if for “two days” there were substituted “five days”.
Article 11(1) (period within which application for assessment, medical recommendation or report furnished under Article 9 may be amended) has effect as if for “14 days” there were substituted “28 days”.
A court may make an order, determination or direction under a provision listed in sub-paragraph (2) if the court— and any other conditions for the making of the order, determination or direction are met. The provisions referred to in sub-paragraph (1) are— Article 44(7) has effect as if—
The following provisions have effect as if references to conveying or admitting a person to hospital within a specified period were references to doing so within that period or as soon as practicable after the end of that period— Article 46(4) has effect as if for “within the period of 28 days referred to in” there were substituted “in accordance with”. Article 53(2) (including as applied by Article 54(3)) (period within which person subject to transfer direction must be received into hospital) has effect as if for “14 days” there were substituted “28 days”.
This paragraph applies if— B may sign the certificate of cause of death under Article 25(2). B is subject to the other duties applicable to a person who has signed such a certificate. A is not subject to any duties in relation to such a certificate.
Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which any provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.
The Secretary of State may give a temporary closure direction that applies to— The Welsh Ministers may give a temporary closure direction that applies to— A temporary closure direction under this paragraph is a direction that requires the responsible body of an educational institution to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the institution. Before giving a direction under this paragraph, the Secretary of State— Before giving a direction under this paragraph, the Welsh Ministers— A temporary closure direction under this paragraph may— Where a temporary closure direction under this paragraph applies to an educational institution in England— subject to any modifications necessary to enable the direction to be complied with. The duty of a responsible body to which a temporary closure direction is given under this paragraph to comply with the direction is enforceable against that body by the appropriate authority making an application to the High Court or the county court for an injunction. An application made under sub-paragraph (8) may be made without notice being given to the responsible body. In this paragraph— In this paragraph, in relation to England— In this paragraph, in relation to Wales—
The Secretary of State may— The Welsh Ministers may— An authorisation granted under this paragraph may be subject to the fulfilment of such terms and conditions as are specified in the authorisation. In this paragraph—
A relevant authority must have regard to any advice relating to the incidence or transmission of coronavirus from the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers. Before giving a direction under paragraph 8, 10 or 11, the Scottish Ministers— In this paragraph—
The Scottish Ministers may give a direction under this paragraph (a “boarding accommodation closure direction”) that applies to— A boarding accommodation closure direction is a direction that— A boarding accommodation closure direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that it would be attributable to the direction. A boarding accommodation closure direction may— In this paragraph—
Subject to sub-paragraph (2), the Scottish Ministers must publish a direction under this Part of this Schedule. Where a direction relates to a person specified by name— A direction under this Part of this Schedule has effect until the earlier of— Where a direction under this Part of this Schedule makes provision mentioned in paragraph 8(3), 10(3) or 11(3), the Scottish Ministers must, so long as it remains in effect, review the direction—
Regulations under paragraph 1(1) may not include provision requiring a person to undergo medical treatment. “Medical treatment” includes vaccination and other prophylactic treatment.
Regulations under paragraph 1(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010). Sub-paragraph (1) does not apply if the Scottish Ministers consider that the regulations need to be made urgently. Where sub-paragraph (2) applies, the regulations (the “emergency regulations”)— Sub-paragraph (3)(b) does not apply in relation to regulations which— In calculating any period of 28 days for the purposes of sub-paragraph (3)(b), no account is to be taken of any period during which the Scottish Parliament is— Where emergency regulations cease to have effect under sub-paragraph (3)(b), that does not—
The postponement of that ordinary election is to be ignored in determining the years in which subsequent ordinary elections are to be held.
This paragraph applies if— C may sign the certificate of cause of death under Article 25(2). C is subject to the other duties applicable to a person who has signed such a certificate.
Where B or C proposes to sign a certificate under Article 25(2) in reliance on paragraph 23 or 24, Form 12 has effect as if—
the two lines beginning with “Date on which was last seen alive and treated by me” were omitted, and
for “has died as a result of the natural illness or disease for which he has been treated by me within twenty eight days prior to the date of death” there were substituted “has died as a result of the cause of death referred to above”.
Where C signs a certificate under Article 25(2) in reliance on paragraph 24, section 7 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect as if the words “for which he had been seen and treated by a registered medical practitioner within twenty-eight days prior to his death” were omitted.
The postponement under subsection (10) of an election is to be ignored in determining the years in which subsequent elections of mayors are to be held.
A public health officer may require the person referred to in paragraph 29 to remain at the place for screening and assessment purposes for a period not exceeding 48 hours. Where a public health officer requires a person to remain at a place under this paragraph, the officer must inform that person— A requirement imposed on a person under this paragraph may be enforced by a constable keeping the person at the place.
A public health officer may— Requirements under sub-paragraph (1)(a) may in particular include requirements on a person— In sub-paragraph (2)(a)(ii) “healthcare professional” means — Requirements under sub-paragraph (1)(b) may in particular include requirements on a person—
If a public health officer considers it appropriate for the purposes of screening or assessing the person, the officer may— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
Where the powers in paragraph 27, 28 or 32 are exercised in relation to a person in a place so as to direct them to go to, or remove them to, another place, paragraphs 30 to 32 apply in relation to that person afresh in that other place.
A local authority does not have to comply with any duties imposed by section 17 of CA 2014 (assessment of financial resources). This is subject to sub-paragraph (2). A local authority may not make a charge under section 14 of CA 2014 for meeting any needs under section 18, 19, 20 or 62 of that Act during a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect without having carried out an assessment under section 17 of that Act. The requirement under sub-paragraph (2) to carry out an assessment under section 17 of CA 2014 applies whether or not the authority has made a determination under section 13(1) of that Act.
A local authority does not have to comply with any duties imposed by the following provisions of CA 2014— The reference in paragraph (c) to subsection (4A) of section 27 of CA 2014 is to the subsection treated as inserted by regulation 11 of the Care and Support (Children’s Carers) Regulations 2015 (S.I. 2015/305).
section 24 (duty to prepare care and support plan or support plan, etc);
section 25 (duties relating to plans);
section 27(1), (4), (4A) and (5) (duty to review plans, etc).
A local authority does not have to comply with any duties imposed by—
section 2A(2) to (4) or (6) of the Chronically Sick and Disabled Persons Act 1970 (welfare services: transition for children to adult care and support), or
section 17ZH(2) to (4) or (6) of the Children Act 1989 (section 17 services: transition for children to adult care and support).
The Secretary of State may issue guidance about how local authorities are to exercise functions under any of the following enactments in consequence of the provision made by this Part of this Schedule— A local authority must have regard to any guidance issued under this paragraph. A local authority must comply with such guidance issued under this paragraph as the Secretary of State directs. The Secretary of State— A local authority may disregard any guidance under section 7 of the Local Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is inconsistent with guidance issued under this paragraph.
The maximum amount of a financial penalty that may be specified in a notice of intent given to a person who is carrying on a business consisting of the provision of goods or services is 1% of the qualifying turnover of the person. In sub-paragraph (1), “qualifying turnover”, in relation to a person, means the amount of the person’s turnover for their most recent complete accounting period (or, if their first accounting period has not yet ended, the amount the appropriate authority estimates to be the likely turnover for that period). For the purposes of sub-paragraph (2) the amount of a person’s turnover for an accounting period is, in the event of a disagreement between the person and the appropriate authority, the amount determined by that authority. For the purposes of this paragraph—
This paragraph applies if a person to whom a final notice is given does not pay the financial penalty specified in the notice within the period of 28 days referred to in paragraph 4(3). The amount of the penalty is increased by 50%. The appropriate authority which gave the final notice may publish, in such manner as it thinks fit—
If a person does not pay the whole or any part of a financial penalty which the person is liable to pay under this Schedule, the penalty or part of the penalty is recoverable—
in England and Wales or Northern Ireland, if the county court so orders, as if it were payable under an order of that court, and
in Scotland, in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
The Secretary of State may, subject to sub-paragraph (2), give a direction in writing to an operator of a port requiring the operator to suspend such relevant port operations as the Secretary of State may specify in the direction. The Secretary of State may give a direction under sub-paragraph (1) only if— A direction under sub-paragraph (1) must specify—
The Secretary of State must notify the Scottish Ministers, the Welsh Ministers and the Department for Infrastructure in Northern Ireland of any direction or notice given under this Schedule.
This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in England is potentially infectious. The public health officer may, subject to sub-paragraph (3)— A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
This paragraph applies where, during a transmission control period— A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate— Requirements under this paragraph may include requirements— Restrictions on a person under this paragraph may include restrictions, for a specified period, on— Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person— In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances. A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 15).
A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.
A person commits an offence if the person— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in Wales is potentially infectious. The public health officer may, subject to sub-paragraph (3)— A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
This paragraph applies where during a transmission control period— A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate— Requirements under this paragraph may include requirements— Restrictions on a person under this paragraph may include restrictions, for a specified period, on— Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person— In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances. A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 59).
A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.
A person commits an offence if the person— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person, or description of person, designated in writing for the purpose of this sub-paragraph by the Secretary of State may take such action as is necessary to enforce compliance with a direction issued under this Part of this Schedule. Proceedings for an offence under this Part of this Schedule may be brought by a person, or description of person, designated in writing for the purpose of this sub-paragraph by the Secretary of State. The powers conferred by or under this paragraph do not affect any other power to enforce compliance with a direction issued under this Part of this Schedule or to bring proceedings for an offence under this Part of this Schedule.
The Secretary of State may at any time revoke a direction or notice under this Schedule to any extent, having regard to the risk referred to in paragraph 1(2)(a).
This paragraph applies if, during a transmission control period— has reasonable grounds to suspect that a person in England is potentially infectious. The immigration officer or constable may, subject to sub-paragraph (3)— An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so— Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.
The period specified in relation to a requirement referred to in paragraph 14(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction under paragraph 14, may not exceed 14 days. After the imposition of a requirement to remain or a restriction under paragraph 14, a public health officer must— The public health officer may, following reconsideration under sub-paragraph (2)— If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Secretary of State may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified). If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 14(3) or sub-paragraph (3)(a))— the officer may extend the period for a further specified period. Except in the case of a requirement referred to in paragraph 14(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days. Where the period to which a requirement to remain or restriction under paragraph 14 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours. If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction. If on a review under sub-paragraph (7)— the public health officer may substitute a different requirement or restriction under paragraph 14 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).
This paragraph applies if, during a transmission control period— has reasonable grounds to suspect that a person in Wales is potentially infectious. The immigration officer or constable may, subject to sub-paragraph (3)— An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so— Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.
The period specified in relation to a requirement referred to in paragraph 58(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction under paragraph 58, may not exceed 14 days. After the imposition of a requirement to remain or a restriction under paragraph 58, a public health officer must— The public health officer may, following reconsideration under sub-paragraph (2)— If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Welsh Ministers may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified). If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 58(3) or sub-paragraph (3)(a))— the officer may extend the period for a further specified period. Except in the case of a requirement referred to in paragraph 58(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days. Where the period to which a requirement to remain or restriction under paragraph 58 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours. If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction. If on a review under sub-paragraph (7)— the public health officer may substitute a different requirement or restriction under paragraph 58 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).
Where a person is required to remain at a place under paragraph 14(3)(d) or (e) the requirement may be enforced—
by a constable or public health officer removing the person to the place;
by a constable or public health officer keeping the person at the place;
if the person absconds, by a constable taking the person into custody and returning them to that place or another place a public health officer may specify.
Where a person is required to remain at a place under paragraph 58(3)(d) or (e), the requirement may be enforced—
by a constable or public health officer removing the person to the place;
by a constable or public health officer keeping the person at the place;
if the person absconds, by a constable taking the person into custody and returning them to that place or another place a public health officer may specify.
A person on whom a requirement or restriction is imposed under paragraph 14 may appeal against it (or against any variation of it or any extension of the period to which it relates) to a magistrates’ court. On an appeal under this paragraph the court may—
A person on whom a requirement or restriction is imposed under paragraph 58 may appeal against it (or against any variation of it or any extension of the period to which it relates) to a magistrates’ court. On an appeal under this paragraph the court may—
The Scottish Ministers may—
indemnify a person in respect of a qualifying liability incurred by the person, or
make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.
References in this section to a qualifying liability are to a liability in delict, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.
“Relevant service” means a service which is provided by a person as part of the health service and which—
relates to—
caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,
caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or
diagnosing or determining whether a person has been infected or contaminated,
relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or
relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.
In a case within subsection (1)(a), any question relating to— is to be determined by the Scottish Ministers.
whether a person has incurred a qualifying liability, or
the amount of any payment by virtue of subsection (1),
In a case within subsection (1)(b)—
any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;
any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.
Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.
In this section—
“the 2001 Order” means the Northern Ireland Assembly (Elections) Order 2001 (S.I. 2001/2599).
“relevant port operations” means any operations or functions carried out by an operator at a port in relation to—
After Article 9 insert—
An employee who takes emergency volunteering leave is, during any period of leave— In sub-paragraph (1) “terms and conditions of employment”— For the purposes of this paragraph, only sums payable to an employee by way of wages or salary are to be treated as remuneration.
Section 36(8)(b) (emergency detention: period for which patient may be detained in hospital) has effect as if for “72 hours” there were substituted “120 hours”.
A transfer for treatment direction may be made under section 136(2) if the Scottish Ministers— and any other conditions for the exercise of the power are met.
are satisfied that complying with the requirement under that section for reports from two medical practitioners is impractical or would involve undesirable delay, and
are satisfied of the matters mentioned in subsections (3) and (4) of that section by a report from a single approved medical practitioner,
The provisions listed in sub-paragraph (2) are suspended. Those provisions are—
The provisions listed in sub-paragraph (2) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period. Those provisions are—
In this Part of this Schedule— Expressions used in this Part of this Schedule and in the 1953 Act have the same meaning as in that Act.
Sub-paragraphs (2) to (5) have effect for any period before the coming into force of the section 22 of the 1953 Act that is substituted by paragraph 14 of Schedule 21 to the Coroners and Justice Act 2009. A registered medical practitioner (“X”) who is not the practitioner who attended the deceased person (“D”) during D’s last illness may sign a certificate under section 22(1) of the 1953 Act (certificates of cause of death) if— A registered medical practitioner (“P”) may sign a certificate under section 22(1) of the 1953 Act, even in the case of a person who has not been attended during that person’s last illness by a registered medical practitioner, if P is able to state to the best of P’s knowledge and belief the cause of death. Where a registered medical practitioner proposes to sign a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (2) or (3)— Where a registered medical practitioner signs a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (2) or (3)— Where a registered medical practitioner signs a certificate under section 22(1) of the 1953 Act in reliance on sub-paragraph (3), regulation 41 of the principal 1987 Regulations (reference to coroner) has effect as if paragraph (1)(a) were omitted. In section 20 of the Coroners and Justice Act 2009 (medical certificate of cause of death), subsection (4) has effect as if the words “during a period of emergency” were omitted.
A registered medical practitioner is not required to notify the relevant senior coroner of a person’s death in the circumstances described in regulation 3(1)(e) or (f) of the 2019 Regulations unless the practitioner also reasonably believes that— Expressions used in this paragraph and the 2019 Regulations have the same meaning as in the Regulations.
A funeral director may for the purposes of section 23(1) of the 1965 Act give information concerning the death of a person if the funeral director—
is responsible for the arrangement of the deceased’s funeral, and
is authorised by a relative of the deceased to give information concerning the death.
The Registrar General may vary or revoke any guidance issued under this Part of this Schedule.
This paragraph applies if— The medical practitioner or, as the case may be, the registered midwife— The informant is not subject to any duty under Article 15(3) in relation to the certificate.
The Scottish Ministers may pay compensation in connection with the issuing of a direction under this Part of this Schedule. The power conferred by sub-paragraph (1) does not affect any other power to pay compensation.
The Welsh Ministers may, for the purpose of— issue a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, premises in Wales. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. A direction under sub-paragraph (1) may, among other things, impose requirements for the purpose of— A direction under sub-paragraph (1) may impose prohibitions, requirements or restrictions by reference to (among other things)—
A person commits an offence if the person fails without reasonable excuse to comply with a prohibition, requirement or restriction imposed on the person by a direction issued under this Part of this Schedule. A person guilty of an offence under this paragraph is liable on summary conviction to a fine.
When a public health response period comes to an end, a direction under this Part of this Schedule issued during that period ceases to have effect in respect of times after the end of the period.
The Police and Criminal Evidence Act 1984 has effect as if amended as follows. In section 46ZA (persons granted live link bail), in subsection (3)(b), for “section 57C” there were substituted “section 57B”. In section 46A (power of arrest for failure to answer to police bail), in subsection (1ZA)(b), for “section 57C” there were substituted “section 57B”. In section 47 (bail after arrest), in subsection (3)(b)(i)—
A person may, if a court or statutory tribunal so directs, participate in any proceedings in the court or tribunal through a live link. A direction may not be given under this paragraph as respects a person’s participation in proceedings as a member of a jury. A direction may be given under this paragraph in respect of a person— A court or tribunal may not give a direction under this paragraph unless the court or tribunal is satisfied that it is in the interests of justice to do so. In deciding whether to give a direction under this paragraph, the court or tribunal must consider all the circumstances of the case. Those circumstances include (in particular)— Where a court or tribunal refuses an application for a direction under this paragraph, it must— Power of a court or tribunal to give a direction under this paragraph is additional to, and does not limit, any other power of the court or tribunal.
A direction under paragraph 2 may be given in respect of a person whether the person is in the United Kingdom or elsewhere. A statement made on oath by a person outside the United Kingdom and given in evidence through a live link in accordance with a direction under paragraph 2 is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.
Section 83 of the Housing Act 1985 (proceedings for possession etc. of a dwelling-house let under a secure tenancy: general notice requirements) is to be read, in relation to notices served under that section during the relevant period, as if—
subsection (3) were omitted,
in subsection (4) for the words from the beginning to “specified in the notice,” there were substituted “If the proceedings are for an order for the possession of a dwelling-house,”,
after subsection (4A) there were inserted—,
in subsection (5) for “subsection (3), (4) or (4A)” there were substituted “subsection (4A)”, and
in subsection (6) for “subsections (3) to (5)” there were substituted “subsections (4B)(b) and (5)”.
Section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) is to be read, in relation to notices given under subsection (1) or (4) of that section during the relevant period, as if—
in subsection (1)(b) for “two months’” there were substituted “three months’”,
in subsection (4)(a) for “two months” there were substituted “three months”, and
in subsection (4E)(b) for “two months” there were substituted “three months”.
Part 1 of the Schedule to the Secure Tenancies (Notices) Regulations 1987 (S.I. 1987/755) (notice of seeking possession) is to be read, in relation to notices served under section 83 of the Housing Act 1985 during the relevant period, as if—
In accordance with paragraph 18, Form 10 has effect as if, in the opening lines, for “accompanied by” there were substituted “and a copy of”.
If an offence under paragraph 32 committed by a body corporate is proved— the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly. In sub-paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
Section 83ZA of the Housing Act 1985 (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) is to be read, in relation to notices served under that section during the relevant period, as if—
for subsection (10) there were substituted—, and
in subsection (11) for “subsection (10)(a)” there were substituted “subsection (10)(b)”.
The Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 (S.I. 1997/194) (which applies in relation to Wales) is to be read, in relation to notices served under section 8 of the Housing Act 1988 during the relevant period, as if in Form 3 (notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy), in paragraph 5 (earliest date on which court proceedings can be brought)—
in the first bullet point, for “2 months” there were substituted “3 months”,
in the second bullet point—
for “2 weeks” there were substituted “3 months”, and
for “two months” there were substituted “three months”, and
in the third bullet point, for the words “before the date this notice is served” there were substituted “earlier than 3 months from the date on which this notice is served”.
The Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. 2015/620) is to be read, in relation to notices served under section 8 of the Housing Act 1988 during the relevant period, as if in Form 3 (notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy), in the notes to paragraph 5 (notes on the earliest date on which court proceedings can be brought)— The Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (S.I. 2015/620) is to be read, in relation to notices given under section 21(1) or (4) of the Housing Act 1988 during the relevant period, as if in Form 6A (notice seeking possession of a property let on an assured shorthold tenancy)—
The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114) have effect subject to the following modifications. After regulation 3 insert— After regulation 7A insert— In regulation 13 (appeal to the Scottish Ministers) before paragraph (1) insert—
The Scottish Ministers may by regulations modify this Schedule. Regulations under sub-paragraph (1) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
An application by a mental health officer under section 63 may be founded on a mental health report from a single approved medical practitioner (who may be the practitioner making the application) if the approved medical practitioner considers that compliance with the requirement under that section for mental health reports from two medical practitioners is impractical or would involve undesirable delay. A single mental health report must otherwise comply with the requirements of section 57.
Section 136(3) and (6) have effect as if references to admitting a person to hospital within the period of 7 days were references to doing so within that period or as soon as practicable after the end of that period.
The Tribunal may consist of— if it is impractical to comply with paragraph 7(3) of that Schedule.
the President or a single member selected by the President from the panel mentioned in paragraph 1(1)(a) of Schedule 2 (“the convener”), or
the convener and a member selected by the President from the panel mentioned in paragraph 1(1)(b) or (c) of that Schedule,
In this Part of this Schedule— Expressions used in this Part of this Schedule and in the 2016 Act have the same meanings as in that Act.
The Scottish Ministers may determine that the provisions listed in sub-paragraph (2) are to have no effect from such date as may be specified in the determination. The provisions are— A determination under sub-paragraph (1) may be revoked by the Scottish Ministers making a determination to that effect. The Scottish Ministers must publish any determination made under this paragraph in such manner as they consider appropriate.
This paragraph applies where— In making an application under section 48(1) of the 2016 Act, the local authority may elect— Where the local authority makes such an election, it must retain the ashes until such time as— As soon as practicable after the revocation of the determination, the local authority must— Where the local authority is unable to identity a surviving relative or ascertain a relative’s wishes, it may direct the cremation authority to dispose of the ashes in accordance with the 2016 Act. Sub-paragraph (3) does not apply where a relative of the deceased person notifies the local authority of the way in which the ashes should be dealt with.
The Department may give a temporary closure direction that applies to— A temporary closure direction under this paragraph is a direction that— Before giving a direction under this paragraph, the Department— A temporary closure direction under this paragraph, may— Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph. Where a direction relates to a person specified by name— A temporary closure direction under this paragraph has effect until the earlier of— The managers of a school to which a temporary closure direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction. The duty of the managers of a school to comply with a temporary closure direction under this paragraph is enforceable against those managers by the Department making an application to the High Court or a county court for an injunction. An application under sub-paragraph (9) may be made without notice being given to the managers of the school. Where a temporary closure direction under this paragraph applies to a school, there is no breach of the following duties to the extent that a failure to satisfy the terms of the duty is attributable to the direction— For the purposes of Article 45(2) of, and paragraphs 1 and 4 of Schedule 13 to, the 1986 Order, a child cannot be taken to have failed to attend regularly at a school where that failure is attributable to a temporary closure direction under this paragraph. In this paragraph—
The Secretary of State may— The Welsh Ministers may— An authorisation granted under this paragraph may be subject to the fulfilment of such terms and conditions as are specified in the authorisation. In this paragraph—
This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in Northern Ireland is potentially infectious. The public health officer may, subject to sub-paragraph (3)— A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
This paragraph applies where, during a transmission control period— A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate— Requirements under this paragraph may include requirements— Restrictions on a person under this paragraph may include restrictions, for a specified period, on— Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person— In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances. A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 80).
A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.
A person commits an offence if the person— A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Nothing in this Schedule applies in relation to the Parliamentary Estate.
The Criminal Justice Act 2003 has effect as if amended in accordance with this Part of this Schedule.
After section 53 there were inserted—
Section 56 has effect as if amended as follows. In subsection (1)— For subsection (2) there were substituted— In subsection (3)— After subsection (3) there were inserted— For subsection (4) there were substituted—
The Criminal Justice Act 1988 has effect as if section 32 (evidence given by persons abroad through television links) were omitted. But section 32 continues to have effect for the purposes of— Accordingly the modification in sub-paragraph (1) does not—
The Serious Organised Crime and Police Act 2005 has effect as if section 75A were omitted.
The appropriate national authority may designate a local authority for the purposes of this Part of this Schedule if of the view that— If, having made a designation under this paragraph, the appropriate national authority ceases to be of the view mentioned in sub-paragraph (1), the appropriate national authority must revoke the designation (but this does not limit the future exercise of the power in sub-paragraph (1) in relation to the same local authority). If a mayoral combined authority is designated under sub-paragraph (1), the designation may make provision for its functions under this Part of this Schedule to be exercisable only by the mayor. A designation or revocation under this paragraph— In sub-paragraph (4)(b) “the appropriate Gazette” means— In this Part of this Schedule “designated local authority” means a local authority for the time being designated under this paragraph.
If there is a conflict between— the direction given by the local authority is of no effect to the extent of that conflict.
a direction given by a designated local authority under paragraph 5(1), and
a direction given by the appropriate national authority under paragraph 5(2) or in reliance on paragraph 6,
A direction or scheme under this Part of this Schedule may—
make provision that applies generally or only in specified circumstances or for a specified purpose;
make different provision for different purposes;
contain incidental, supplemental, consequential or transitional provision.
This paragraph applies if, during a transmission control period— has reasonable grounds to suspect that a person in Northern Ireland is potentially infectious. The immigration officer or constable may, subject to sub-paragraph (3)— An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so— Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.
The period specified in relation to a requirement referred to in paragraph 79(3)(d) or (e) (a “requirement to remain”) or in relation to any restriction under paragraph 79, may not exceed 14 days. After the imposition of a requirement to remain or a restriction under paragraph 79, a public health officer must— The public health officer may, following reconsideration under sub-paragraph (2)— If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Department of Health may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified). If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 79(3) or sub-paragraph (3)(a))— the officer may extend the period for a further specified period. Except in the case of a requirement referred to in paragraph 79(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days. Where the period to which a requirement to remain or restriction under paragraph 79 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours. If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction. If on a review under sub-paragraph (7)— the public health officer may substitute a different requirement or restriction under paragraph 79 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).
Where a person is required to remain at a place under paragraph 79(3)(d) or (e), the requirement may be enforced—
by a constable or public health officer removing the person to the place;
by a constable or public health officer keeping the person at the place;
if the person absconds, by a constable taking the person into custody and returning them to that place or another place a public health officer may specify.
A person on whom a requirement or restriction is imposed under paragraph 79 may appeal against it (or against any variation of it or any extension of the period to which it relates) to a court of summary jurisdiction. On an appeal under this paragraph the court may—
“sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day).
The Nursing and Midwifery Order 2001 (S.I. 2002/253) has effect as if it were subject to the following modifications. The Order has effect as if after article 9 there were inserted— Article 25(1) (power of Nursing and Midwifery Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons). Article 37 (appeals against Registrar's decisions) has effect as if after paragraph (2B) there were inserted—
The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (S.I. 2004/478 (W. 48)) have effect subject to the following modifications. Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).
The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66) have effect subject to the following modifications. Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).
References in Part 2 of this Schedule to sections and schedules are to sections and schedules of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”). Expressions used in Part 2 of this Schedule and in the 2003 Act have the same meaning as in that Act. References in Part 3 of this Schedule to sections are to sections of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). Expressions used in Part 3 of this Schedule and in the 1995 Act have the same meaning as in that Act.
An approved medical practitioner may grant a short-term detention certificate in respect of a patient under section 44(1) without consulting a mental health officer if the practitioner considers that compliance with the requirement under that section to consult a mental health officer (and for the mental health officer to consent to the granting of the certificate) is impractical or would involve undesirable delay. Sub-paragraphs (3) to (6) apply where a short-term detention certificate (the “first certificate”) is in force in respect of a patient. Despite section 44(1)(b), an approved medical practitioner may grant one further short-term detention certificate (the “second certificate”) in respect of the patient under section 44(1). The second certificate may be granted before or on the expiry of the first certificate. If the second certificate is granted before the expiry of the first certificate, the first certificate expires on the granting of the second certificate. If the approved medical practitioner grants a second certificate, the practitioner must record the reasons why it has been impracticable to apply instead for a compulsory treatment order. Other than as mentioned in sub-paragraphs (3) to (6), section 44 (as modified by sub-paragraph (1)) applies in relation to a second certificate as it applies in relation to a first certificate.
Section 299(2) (nurse’s power to detain pending medical examination) has effect as if for “3 hours” there were substituted “6 hours”.
Medicine (as defined in section 240) may be given to a patient without a certificate under section 241(1) if the patient’s responsible medical officer has requested a certificate from a designated medical practitioner but the practitioner has not yet issued a certificate (and a certificate has not been refused).
Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court— and any other conditions for the exercise of the power are met. Those provisions are—
The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 apply as if the regulations mentioned in sub-paragraph (2) (all of which make provision about circumstances in which there is to be taken to be a conflict of interest for medical practitioners) were omitted. Those regulations are—
A local authority does not have to comply with any duties imposed by the following provisions— (and accordingly section 11 of that Act (refusal of assessment) does not apply). A local authority does not have to comply with any duties imposed by section 13 of CA 2014 (determination of whether needs meet the eligibility criteria) or any regulations made under that section. A local authority does not have to comply with any duties imposed by the following provisions— Nothing in this paragraph prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 18, 19, 20 or 62 of CA 2014 (as modified by paragraphs 4 to 6 and 9 of this Schedule).
A person who is required under the 1965 Act to give information about a death or still-birth to the district registrar for a registration district may give the information to the registrar— if the person is unable to attend the registrar personally. A person is to be treated as unable to give information for the purposes of sub-paragraph (1) if it would be unreasonable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the district registrar’s office or any other reason). Where information is given under sub-paragraph (1)— For the purpose of sub-paragraph (3), “an approved digital means of attesting” is a means specified for that purpose in guidance issued by the Registrar General.
Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.
A person to whom a notice of intent is given may, within the period of 14 days beginning with the day after that on which the notice was given, make written representations about the proposed financial penalty to the appropriate authority which gave the notice.
The appropriate authority may at any time— The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice of intent or final notice was given.
The Secretary of State may give a temporary continuity direction that applies to— A temporary continuity direction is a direction under this paragraph that— Before giving a direction under this paragraph, the Secretary of State— A temporary continuity direction under this paragraph may— Where a temporary continuity direction under this paragraph applies to a relevant institution— subject to any modifications necessary to enable the direction to be complied with. The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Secretary of State making an application to the High Court or the county court for an injunction. An application made under sub-paragraph (6) may be made without notice being given to the responsible body or relevant institution. In this paragraph—
Subject to sub-paragraph (2), the appropriate authority must publish a temporary continuity direction under paragraph 1 or 2. Where a direction relates to a person specified by name— A temporary continuity direction under paragraph 1 or 2 has effect until the earlier of— A person to whom a temporary continuity direction under paragraph 1 or 2 is given must have regard to any guidance given by the appropriate authority about how to comply with a direction given by that authority under that paragraph. In this paragraph, subject to sub-paragraph (6), “appropriate authority” means— Where a person gives a direction by virtue of an authorisation under paragraph 3, “the appropriate authority”—
The Secretary of State may, for the purpose of— issue a direction prohibiting, or imposing requirements or restrictions in relation to, the holding of an event or gathering in England. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. A direction under sub-paragraph (1) may, among other things, impose requirements about informing persons who may be planning to attend an event or gathering of its prohibition or any requirements or restrictions imposed in relation to the holding of it. For the purposes of sub-paragraph (2), events or gatherings may be described— The reference in sub-paragraph (3)(c) to a person involved in the holding of an event or gathering does not include a person whose only involvement in the event or gathering is, or would be, by attendance at the event or gathering.
Before issuing a direction under this Part of this Schedule, the Secretary of State must have regard to any relevant advice given to the Secretary of State by the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care. Where a direction imposes prohibitions, requirements or restrictions on a person specified by name, the direction— In any other case, the direction must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by it. Where the Secretary of State varies or revokes a direction which imposes prohibitions, requirements or restrictions on a person specified by name, notice of the variation or revocation— Where the Secretary of State varies or revokes any other direction, notice of the variation or revocation must be published in such manner as the Secretary of State considers appropriate to bring it to the attention of persons who may be affected by the variation or revocation.
When a public health response period comes to an end, a direction under this Part of this Schedule issued during that period ceases to have effect in respect of times after the end of the period.
The Criminal Appeal Act 1968 has effect as if amended as follows. In section 22 (right of appellant to be present), subsections (4) to (6) were omitted. In section 23 (evidence), subsection (5) were omitted. In section 31 (powers of Court which are exercisable by single judge)— In section 31A (powers of court under Part 1 which are exercisable by registrar)—
Section 57A has effect as if amended as follows. For subsections (1) and (2) there were substituted— In subsection (3)— After subsection (3) there were inserted—
Section 57F has effect as if amended as follows. In the heading, “certain” were omitted. For subsections (1) to (3) there were substituted— In subsection (4) for “Such a direction” there were substituted “A live link direction under this section”. After subsection (4) there were inserted— In subsection (5), after “relates” there were inserted “(but this does not affect the court‘s power to give a further live link direction in relation to the hearing)”. For subsection (6) there were substituted— For subsection (7) there were substituted— Subsection (8) were omitted. In subsection (10)(b) for “a preliminary” there were substituted “an enforcement”. After subsection (10) there were inserted—
Section 5(1) of the Protection from Eviction Act 1977 (validity of notices to quit) is to be read, in relation to Rent Act notices to quit given by the landlord during the relevant period, as if the reference to 4 weeks were a reference to 3 months. In sub-paragraph (1) “Rent Act notice to quit” means a notice to quit relating to a tenancy that is a protected tenancy for the purposes of the Rent Act 1977 (see section 1 of that Act). Section 3 of the Rent Act 1977 (terms and conditions of statutory tenancies) is to be read as if after subsection (4) there were inserted—
Section 8 of the Housing Act 1988 (notice of proceedings for possession: assured tenancies) is to be read, in relation to notices served under that section during the relevant period, as if—
in subsection (3A)—
in paragraph (a), for “periodic tenancy,” there were substituted “periodic tenancy—, and
in paragraph (b) for “one month” there were substituted “three months”,
in subsection (4) after “earlier than” there were inserted “three months after”,
in subsection (4A)(a) for “two months” there were substituted “three months”, and
in subsection (4B) for “two weeks” there were substituted “three months”.
Section 143E of the Housing Act 1996 (notice of proceedings for possession of a dwelling-house let under a demoted tenancy) is to be read, in relation to notices served under that section during the relevant period, as if for subsection (3) there were substituted—
Any power to make regulations under this Schedule— A statutory instrument containing regulations of the Secretary of State under paragraph 1 or 13 is subject to annulment in pursuance of a resolution of either House of Parliament. A statutory instrument containing regulations of the Welsh Ministers under paragraph 1 or 13 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph. The person must give, deliver or send the document in accordance with the 1965 Act as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends. The Registrar General may give a direction— A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case. A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph. A district registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case— In this paragraph “relevant document” has the same meaning as in paragraph 13.
The Department of Health may—
indemnify a person in respect of a qualifying liability incurred by the person, or
make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.
References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.
“Relevant service” means a service which is provided by a person as part of the system of health and social care and which—
relates to—
caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,
caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or
diagnosing or determining whether a person has been infected or contaminated,
relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the system of health and social care being unable to do so in consequence of providing a service within paragraph (a), or
relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the system of health and social care being unable to do so because of a reason relating to coronavirus.
In a case within subsection (1)(a), any question relating to— is to be determined by the Department of Health.
whether a person has incurred a qualifying liability, or
the amount of any payment by virtue of subsection (1),
In a case within subsection (1)(b)—
any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;
any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.
Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.
In this section—
an instrument made under an Act or Measure of the National Assembly for Wales;
The ordinary election that would otherwise, pursuant to section 50(1) of the Police Reform and Social Responsibility Act 2011 (ordinary election of police and crime commissioners), be held in 2020 is to be held instead in 2021.
The National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)) have effect with the following modifications. The regulations have effect as if, after regulation 22, there were inserted— Regulation 15 (appeals) has effect as if before paragraph (1) there were inserted—
The National Health Service (Primary Medical Services Section 17C Arrangements) (Scotland) Regulations 2018 (S.S.I. 2018/67) have effect subject to the following modifications. Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114). This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 3A of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114).
This paragraph applies for the interpretation of this Part of this Schedule. In relation to England, “appropriate authority” means— In relation to Wales, “appropriate authority” means— In relation to Scotland, “appropriate authority” means— In relation to Northern Ireland, “appropriate authority” means—
A power to make regulations under this Schedule includes power to make consequential, supplementary, incidental, transitional or saving provision.
This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in Scotland is potentially infectious. The public health officer may, subject to sub-paragraph (3)— A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
This paragraph applies where, during a transmission control period— A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate— Requirements under this paragraph may include requirements— Restrictions on a person under this paragraph may include restrictions, for a specified period, on— Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person— In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances. A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 36).
A public health officer, constable or immigration officer may give reasonable instructions to a person in connection with— Where a public health officer, constable or immigration officer gives a reasonable instruction to a person under sub-paragraph (1), the officer or constable must inform that person— A power conferred by this Part of this Schedule to remove a person to a place includes a power to keep the person for a reasonable period pending their removal. A constable or immigration officer may use reasonable force, if necessary, in the exercise of a power conferred by this Part of this Schedule. A constable may enter any place for the purpose of the exercise of a power conferred by this Part of this Schedule.
A person commits an offence if the person— A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or to both).
The Scottish Ministers may, for the purpose of— issue a direction prohibiting, or imposing requirements or restrictions in relation to, the holding of an event or gathering in Scotland. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. A direction under sub-paragraph (1) may, among other things, impose requirements about informing persons who may be planning to attend an event or gathering of its prohibition or any requirements or restrictions imposed in relation to the holding of it. For the purposes of sub-paragraph (2), events or gatherings may be described— The reference in sub-paragraph (3)(c) to a person involved in the holding of an event or gathering does not include a person whose only involvement in the event or gathering is, or would be, by attendance at the event or gathering.
Before issuing a direction under this Part of this Schedule, the Scottish Ministers must have regard to any relevant advice published by the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers. Where a direction imposes prohibitions, requirements or restrictions on a person specified by name, the direction— In any other case, the direction must be published in such manner as the Scottish Ministers consider appropriate to bring it to the attention of persons who may be affected by it. Where the Scottish Ministers vary or revoke a direction which imposes prohibitions, requirements or restrictions on a person specified by name, notice of the variation or revocation— Where the Scottish Ministers vary or revoke any other direction, notice of the variation or revocation must be published in such manner as the Scottish Ministers consider appropriate to bring it to the attention of persons who may be affected by the variation or revocation.
A person commits an offence if the person fails without reasonable excuse to comply with a prohibition, requirement or restriction imposed on the person by a direction issued under this Part of this Schedule. A person guilty of an offence under this paragraph is liable—
The Scottish Ministers must—
keep directions issued by them under this Part of this Schedule under review, and
if they are of the view that a direction is no longer required for the purpose set out in paragraph 15(1) or, as the case may be, 16(1), they must revoke it.
A designated local authority may give a direction requiring a person to do anything calculated to facilitate the transportation, storage or disposal of dead bodies or other human remains in the local authority’s area or from its area. The appropriate national authority may give a direction requiring a person to do anything calculated to facilitate the transportation, storage or disposal of dead bodies or other human remains if— A direction under this paragraph may, in particular— A direction may require a person to do things even if they would involve the person breaching a contract or incurring other liabilities (but the right of any other person to claim damages for such a breach or to enforce such a liability is not affected by the direction). A direction under this paragraph may not be given to— In exercising its functions under this paragraph a designated local authority or the appropriate national authority must have regard to the effect that any direction is likely to have on the ability of any person to carry on their normal business. Designated local authorities and the appropriate national authority must keep such records relating to directions under this paragraph for such time as they consider appropriate. A person commits an offence if the person fails without reasonable excuse to comply with a direction under this paragraph. A person guilty of an offence under this paragraph is liable on summary conviction— A direction under sub-paragraph (1) lapses on the revocation of the designation under paragraph 4 of the local authority that gave the direction. A direction under sub-paragraph (2) lapses if there are no designated local authorities.
The appropriate national authority must publish a scheme for the making of payments to persons to whom directions are given under paragraph 5. The scheme must include provision for a person to whom a direction is given under paragraph 5 to be paid— The scheme may include provision for payments in respect of other matters. The scheme may include provision designed to prevent double recovery (for example, by reducing a payment in respect of a liability for which a person is entitled to be indemnified under an insurance policy). A payment under the scheme— The scheme may include provision about procedural matters, including provision— The scheme may confer discretions or other functions on public authorities. The appropriate national authority may vary a scheme under this paragraph. The appropriate national authority need not make a scheme under this paragraph unless or until it has designated a local authority under paragraph 4.
A power to give directions under this Part of this Schedule includes power to vary or revoke the directions. A direction under this Part of this Schedule must be given in writing.
Section 107D of the Housing Act 1985 (recovery of possession on expiry of flexible tenancy) is to be read, in relation to notices given under subsection (4) of that section during the relevant period, as if for “two months’ notice” in that subsection there were substituted “three months’ notice”.
Section 128 of the Housing Act 1996 (notice of proceedings for possession of a dwelling-house let under an introductory tenancy) is to be read, in relation to notices served under that section during the relevant period, as if—
in subsection (4) the second sentence were omitted, and
after subsection (4) there were inserted—
The postponement of that ordinary election is to be ignored in determining the years in which subsequent ordinary elections are to be held.
Regulations made by the Secretary of State under this Schedule are to be made by statutory instrument. A statutory instrument containing regulations made by the Secretary of State under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.
This paragraph applies if, during a transmission control period— has reasonable grounds to suspect that a person in Scotland is potentially infectious. The immigration officer or constable may, subject to sub-paragraph (3)— An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so— Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.
The period specified in relation to a requirement referred to in paragraph 35(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction under paragraph 35, may not exceed 14 days. After the imposition of a requirement to remain or a restriction under paragraph 35, a public health officer must— The public health officer may, following reconsideration under sub-paragraph (2)— If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Scottish Ministers may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified). If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 35(3) or sub-paragraph (3)(a))— the officer may extend the period for a further specified period. Except in the case of a requirement referred to in paragraph 35(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days. Where the period to which a requirement to remain or restriction under paragraph 35 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours. If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction. If on a review under sub-paragraph (7)— the public health officer may substitute a different requirement or restriction under paragraph 35 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).
Sub-paragraph (2) applies where— The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence. In sub-paragraph (1), “relevant individual” means—
Regulations made by the Department for the Economy in Northern Ireland under this Schedule may contain only provision which— if it were contained in an Act of that Assembly. The power of the Department for the Economy in Northern Ireland to make regulations under this Schedule is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument). Regulations under this Schedule made by the Department for the Economy in Northern Ireland are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.
Where a person is required to remain at a place under paragraph 35(3)(d) or (e) the requirement may be enforced—
by a constable or public health officer removing the person to the place;
by a constable or public health officer keeping the person at the place;
if the person absconds, by a constable taking the person into custody and returning them to that place or another place a public health officer may specify.
A person on whom a requirement or restriction is imposed under paragraph 35 may appeal against it (or against any variation of it or any extension of the period to which it relates) to the sheriff or summary sheriff. On an appeal under this paragraph the sheriff or summary sheriff may—
The Scottish Ministers may compensate any person on whom a requirement or restriction is imposed under paragraph 35.
an education and training establishment approved by the Scottish Qualifications Authority under section 2 of the Education (Scotland) Act 1996 as suitable for presenting persons for SQA qualifications;
The 1976 Order has effect as if it were subject to the following modifications.
Paragraph 2(1) of Schedule 3 to the 1976 Order (power of the Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions in respect of identifying any person registered by virtue of Article 8E(3)(b) (emergency registration of a group of persons).
The Regulation of Care (Scotland) Act 2001 (asp 8) has effect subject to the following modifications. In section 44 (register of social workers and other social service workers)— In section 46 (grant or refusal of registration) after subsection (2H) insert— After section 46B insert— In section 47 (variation of conditions) after subsection (2) insert— In section 48 (right to make representations to Council as respects decision under section 47) after subsection (2) insert— In section 50 (notice of Council’s decision under rules under section 49) after subsection (2) insert— In section 51 (appeals) before subsection (A1) insert— In section 52 (offence of using title of social worker while unregistered) in subsection (1)(a), in each of the three places where it occurs, after “social worker” insert “or temporary social worker”. In section 53 (codes of practice) before subsection (1) insert— In section 54 (approval of courses etc) after subsection (4) insert— In section 55 (grants and allowances for training) in subsection (1), after “social service workers” insert “or temporary social workers”. In section 57 (power of the Council to make rules)— In section 57A (notification of dismissal etc to Council)— In section 57B (provision of other information to Council by employer) after “social service worker” insert “or a person registered as a temporary social worker”. In section 58 (functions of the Scottish Ministers under this Part)— In section 77 (interpretation) after the definition of “EEA state”, insert—.
If an employment-related benefit scheme does not include an emergency volunteering rule, it is to be treated as including one. An emergency volunteering rule is a provision that has the effect set out in sub-paragraphs (3) and (4). If a relevant term does not treat time when a worker is on emergency volunteering leave as it treats time when they are not, the term is modified so as to treat time when they are on emergency volunteering leave as time when they are not. If a term confers a relevant discretion capable of being exercised so that time when a worker is on emergency volunteering leave is treated differently from time when they are not, the term is modified so as not to allow the discretion to be exercised in that way. A term is relevant if it is— A discretion is relevant if its exercise is capable of affecting— This paragraph does not require the worker’s contributions to the scheme in respect of time when they are on emergency volunteering leave to be determined otherwise than by reference to the amount they are paid by the employer in respect of that time. “Employment-related benefit scheme”—
An application by an approved mental health professional under section 2 or 3 made during a period for which this paragraph has effect may be founded on a recommendation by a single registered medical practitioner (a “single recommendation”), if the professional considers that compliance with the requirement under that section for the recommendations of two practitioners is impractical or would involve undesirable delay. A single recommendation must otherwise comply with the requirements of section 2(3) or 3(3). An application founded on a single recommendation must include a statement of the opinion referred to in sub-paragraph (1). An emergency application under section 4 may not be founded on a single recommendation (but this does not limit section 4(3)). Section 11(7) (applications may be founded on separate or joint recommendations) does not apply to an application founded on a single recommendation. Section 12(1) has effect as if it required a single recommendation to be signed on or before the date of the application, and to be given by a practitioner who has personally examined the patient. Section 12(2) has effect as if it required a single recommendation to be given by a practitioner approved for the purposes of that section by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder (or by a person treated as so approved by virtue of section 12(2A)). Section 12(1) and (2) do not otherwise apply to a single recommendation (and accordingly there is no requirement for the practitioner giving the recommendation to have previous acquaintance with the patient). A single recommendation is subject to section 15(2) (except paragraph (b)) in the same way as one of two recommendations (and section 15(3) does not apply to it).
Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court— and any other conditions for the exercise of the power are met. Those provisions are— The power in section 45A(3) may only be exercised by virtue of sub-paragraph (1) if the practitioner has given evidence orally before the court (and section 45A(4) accordingly does not apply).
The approved clinician in charge of treatment within section 58(1)(b) (administration of medicine for more than three months) may give a certificate under section 58(3)(b) (appropriateness of treatment without consent) if the clinician considers that complying with the requirement under that provision for the certificate to be given by a registered medical practitioner other than that clinician or the responsible clinician is impractical or would involve undesirable delay. A registered medical practitioner (or an approved clinician acting in accordance with sub-paragraph (1)) may give a certificate under section 58(3)(b) having consulted only one other person, if the practitioner (or clinician) considers that complying with the requirement under section 58(4) for consultation with two other persons is impractical or would involve undesirable delay. The person consulted in accordance with sub-paragraph (2)—
After Article 8D insert—
In Article 9(2) (maintenance of the register), at the end insert “or in the case of the register mentioned in Article 6(1)(a) registered by virtue of Article 8E”.
At the end of Article 9 (the registrar and registers) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A relevant body does not have to comply with—
the duty imposed by regulation 21(2)(a) of the 2012 Regulations (assessment of eligibility for NHS Continuing Healthcare), or
the duty imposed by regulation 21(12) of those Regulations (duty to have regard to National Framework), so far as relating to the duty referred to in paragraph (a).
Accordingly, regulation 28 of the 2012 Regulations (assessment of need for nursing care) applies only if a relevant body chooses to comply with the duty imposed by regulation 21(2)(a) of those Regulations.
If, despite subsection (1)(a), an assessment of eligibility for NHS Continuing Healthcare is nevertheless carried out as mentioned in regulation 21(2)(a) of the 2012 Regulations, the relevant body must comply with the duty imposed by regulation 21(3) of those Regulations (duty to ensure assessment is carried out before certain other steps are taken).
An NHS trust does not have to comply with—
the duty imposed by direction 2(2) of the 2013 Directions (assessment of eligibility for NHS Continuing Healthcare), or
the duty imposed by direction 2(10) of those Directions (duty to have regard to National Framework), so far as relating to the duty referred to in paragraph (a).
If, despite subsection (4)(a), an assessment of eligibility for NHS Continuing Healthcare is nevertheless carried out as mentioned in direction 2(2) of the 2013 Directions, the NHS trust must take reasonable steps to ensure that it is carried out before the NHS trust gives notice as mentioned in direction 2(1) of those Directions.
Subsections (1) and (4) apply in relation to duties arising before the commencement day as they apply in relation to duties arising on or after that day.
In subsection (6) “the commencement day”, in relation to subsection (1) or (4), means—
the day on which that subsection comes into force, or
where on any day the operation of the subsection is revived by regulations under section 88(3), that day.
Regulation 3 of the Care and Support (Discharge of Hospital Patients) Regulations 2014 (S.I. 2014/2823) (contents of assessment notice under paragraph 1(1) of Schedule 3 to the Care Act 2014) has effect as if paragraph (1)(f)(ii) were omitted.
In this section—
Schedule 12 contains provision modifying the powers and duties of local authorities in England and Wales in relation to the provision of care and support.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A local authority need not comply with a provision mentioned in subsection (2) to the extent that the authority considers that—
it would not be practical to comply with that provision, or
to do so would cause unnecessary delay in providing community care services to any person.
The provisions are—
section 12A of the 1968 Act (duty of local authority to assess needs);
section 1 of the 2013 Act (general principles regarding provision of social care), insofar as it relates to Part 2 of the 1968 Act.
A local authority need not comply with a provision mentioned in subsection (4) to the extent that it considers that—
it would not be practical to comply with that provision, or
to do so would cause unnecessary delay in providing support to any person under section 24 of the 2016 Act (duty to provide support).
The provisions are—
section 6 of the 2016 Act (duty to prepare adult carer support plan);
regulation 2(1) of the 2018 Regulations (identification of adult carer’s outcomes and needs for support);
section 12 of the 2016 Act (duty to prepare young carer statement);
regulation 3(1) of the 2018 Regulations (identification of young carer’s outcomes and needs for support);
section 1 of the 2013 Act, insofar as it relates to Part 2 or 3 of the 2016 Act.
Subsection (6) applies where, in reliance on subsection (3), a local authority does not comply with regulation 2(1) or 3(1) of the 2018 Regulations in relation to a person.
Section 24 of the 2016 Act applies in relation to the person as if any reference in that section to a person’s identified needs were a reference to the person’s needs for support in order to enable the person to provide or continue to provide care for a cared-for person.
A local authority need not comply with a provision mentioned in subsection (8) to the extent that the authority considers that—
it would not be practical to comply with that provision, or
to do so would cause unnecessary delay in providing services to any child under section 22(1) of the 1995 Act (promotion of welfare of children in need).
The provisions are—
section 23(3) of the 1995 Act (duty to assess needs of child affected by disability);
section 1 of the 2013 Act, insofar as it relates to section 22 or 23 of the 1995 Act.
A local authority need not comply with section 29(5) of the 1995 Act (duty to assess needs of person who was looked after by the authority) to the extent that the authority considers that—
it would not be practical to comply with that provision, or
to do so would cause unnecessary delay in providing advice, guidance or assistance to any person under section 29(1) or (5A) of the 1995 Act (after care for person who was looked after by the authority).
Subsection (11) applies where, in reliance on subsection (9), a local authority does not carry out an assessment under section 29(5) of the 1995 Act in relation to a person who has made an application to the authority under section 29(2) of that Act.
Section 29(5A) of the 1995 Act applies in relation to the person as if the authority had carried out the assessment.
Subsection (1), (3), (7) or (9) applies in relation to a duty arising before the commencement day as it applies in relation to a duty arising on or after that day.
In subsection (12), “the commencement day”, in relation to a subsection, means—
the day on which the subsection comes into force, or
where on any day the operation of the subsection is revived by regulations under section 88(3), that day.
In this section and section 17—
The Scottish Ministers may issue guidance to local authorities about the exercise of their functions under the following provisions in consequence of section 16—
Part 2 of the 1968 Act;
sections 22, 23 and 29 of the 1995 Act;
sections 25, 26 and 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
section 1 of the 2013 Act;
Parts 2 and 3 of the 2016 Act.
A local authority—
must have regard to any guidance issued under subsection (1);
must comply with such guidance issued under subsection (1) as the Scottish Ministers direct;
may disregard, so far as it is inconsistent with guidance issued under subsection (1)—
any guidance issued under section 5(1) of the 1968 Act;
a code of practice published under section 274(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003.
The Scottish Ministers may—
from time to time revise any guidance issued under subsection (1);
vary or revoke a direction made under subsection (2)(b).
A local authority must not recover a charge under section 87 of the 1968 Act for—
community care services provided to a person if, in reliance on section 16(1), the authority did not—
comply with section 12A of the 1968 Act before providing the services, or
comply with section 1 of the 2013 Act in relation to the services;
services provided to a child under section 22(1) of the 1995 Act if, in reliance on section 16(7), the authority did not—
where the services were provided following a request being made to the authority in relation to the child under section 23(3) of the 1995 Act, assess the child's needs for the services before providing them, or
comply with section 1 of the 2013 Act in relation to the services;
advice, guidance or assistance provided to a person under section 29(1) or (5A) of the 1995 Act if, in reliance on section 16(9), the local authority did not carry out an assessment of the person's needs under section 29(5) of that Act before providing the advice, guidance or assistance.
For the purposes of subsection (4), a local authority did not—
comply with a provision if it only partially complied with the provision;
carry out an assessment if it only partially carried out the assessment.
Nothing in subsection (4) prevents a local authority from recovering charges if—
the authority provides—
services in the circumstances described in paragraph (a) or (b) of subsection (4), or
advice, guidance or assistance in the circumstances described in paragraph (c) of that subsection,
the authority subsequently complies with the provisions mentioned in paragraph (a), (b) or (c) of that subsection (as the case may be) in relation to the services or the advice, guidance or assistance, and
the charges relate only to the period after the authority so complies.
Subsection (8) applies where—
a local authority provides accommodation to a person under Part 2 of the 1968 Act in the circumstances described in paragraph (a) of subsection (4),
the authority subsequently complies with the provisions mentioned in that paragraph in relation to the provision of the accommodation, and
after it complies with those provisions, the authority continues to provide the accommodation to the person.
Despite subsections (4)(a) and (6), the authority may recover charges for the provision of the accommodation for any period—
before the authority complied with the provisions mentioned in subsection (4)(a), and
during which the person was a permanent resident.
For the purposes of subsection (8), a person is a permanent resident if the person is expected to be provided with accommodation by the authority for a period of more than 52 weeks.
Subsection (11) applies where—
any provision of section 16 has had effect for a period, and
that period has ended.
In determining for the purposes of any proceedings whether a local authority has complied with any duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—
the length of any period for which any provision of section 16 had effect, and
the number of relevant assessments which need to be carried out by the local authority following the end of any such period.
In subsection (11), “relevant assessment” means—
an assessment under—
section 12A(1)(a) of the 1968 Act;
section 23(3) of the 1995 Act;
section 29(5) of the 1995 Act;
the preparation of—
an adult carer support plan under section 6 of the 2016 Act;
a young carer statement under section 12 of the 2016 Act.
Part 1 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in England and Wales, and related provision.
Part 2 of Schedule 13 contains temporary modifications of legislation relating to the registration of deaths and still-births in Scotland, and related provision.
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in the heading the words “and confirmatory medical certificate” were omitted, and
paragraphs (2) to (4) were omitted.
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in the heading the words “and confirmatory medical certificate” were omitted,
in paragraph (1)(a)(i) the words “and confirmatory medical certificate” were omitted,
in paragraph (1)(a)(ii) for “those certificates” there were substituted “that certificate”,
in paragraph (2) the words “and confirmatory medical certificate” were omitted and for “those certificates” there were substituted “that certificate”,
in paragraph (3)(a) the words “and confirmatory medical certificate” were omitted, and
in paragraph (3)(b) for “such a” there were substituted “the”.
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in paragraph (1)(d)(ii) for “certificates have” there were substituted “a certificate has”,
in paragraph (2) the words “and confirmatory medical certificate” were omitted.
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At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a medical certificate has not been completed in relation to the deceased person for the purposes of regulation 16(1)(c)(i) of the Cremation (England and Wales) Regulations 2008.
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Part 1 of Schedule 14 contains temporary modifications of legislation relating to the review of medical certificates of cause of death in Scotland, and related provision.
Part 2 of Schedule 14 contains temporary modifications of legislation relating to cremation in Scotland, and related provision.
The Cremation (Belfast) Regulations (Northern Ireland) 1961 (S.R. & O. (N.I.) 1961 No. 61) have effect with the following modifications.
Regulation 10 (conditions to be met for cremations) has effect as if for paragraph (a) there were substituted—.
Regulation 12 (Medical Referee's power to give certificates in Forms C and D) has effect as if the words “if he has personally investigated the cause of death to give a certificate in Form C, and” were omitted.
In regulation 13 (duties of the Medical Referee)—
paragraph (e) has effect as if the reference to “the medical certificates” did not include the confirmatory medical certificate (Form C);
paragraph (f) has effect as if—
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the reference to “the certificates” did not include the confirmatory medical certificate (Form C).
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Form B in the Schedule (certificate by registered medical practitioner) has effect as if—
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in the Note at the end, for “the medical practitioner who is to give the confirmatory medical certificate on Form C” there were substituted “ the Medical Referee ”.
At the end of a period for which this section has effect, it continues to apply in relation to the cremation of the remains of a person who died during that period but whose remains have not been cremated unless, at the end of that period, a certificate in Form B in the Schedule to the Cremation (Belfast) Regulations (Northern Ireland) 1961 has not been completed in relation to the deceased person for the purposes of regulation 10(a) of those Regulations.
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The power in subsection (2) is exercisable if the Investigatory Powers Commissioner notifies the Secretary of State—
that, as a result of the effects of coronavirus, there is a shortage of persons able to carry out functions conferred on Judicial Commissioners by—
the Police Act 1997 (“the 1997 Act”),
the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11) (“the 2000 Acts”), and
the Investigatory Powers Act 2016 (“the 2016 Act”), and
that in the Commissioner’s opinion the power needs to be exercised in order to deal with that shortage.
The Secretary of State may by regulations made by statutory instrument provide for the Investigatory Powers Commissioner to be able to appoint persons to carry out functions conferred on Judicial Commissioners by the 1997 Act, the 2000 Acts and the 2016 Act. A person so appointed is referred to in this section as a “temporary Commissioner”.
The regulations must provide that a temporary Commissioner may be appointed for one or more terms not exceeding six months each and not exceeding 12 months in total.
The regulations may—
provide for the 1997 Act, the 2000 Acts and the 2016 Act to apply in relation to temporary Commissioners with specified omissions or other modifications;
make consequential, supplementary or transitional provision.
The regulations need not reproduce the effect of section 227(4) to (6) of the 2016 Act (requirements for recommendations, consultation etc). But they must require the Investigatory Powers Commissioner to notify the following persons of any appointment made under the regulations—
the Prime Minister;
the Secretary of State;
the Lord Chancellor;
the Lord Chief Justice of England and Wales;
the Lord President of the Court of Session;
the Lord Chief Justice of Northern Ireland.
Subject to any provision made under subsection (4), a reference to a Judicial Commissioner in the 1997 Act, the 2000 Acts or the 2016 Act is to be read (so far as the context allows) as referring also to a temporary Commissioner.
The regulations must provide for them to cease to have effect at the end of the period of 12 months beginning with the day on which they come into force.
A person’s appointment as a temporary Commissioner comes to an end (if it has not already done so) when the regulations cease to have effect.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “Investigatory Powers Commissioner” has the meaning given in section 263(1) of the 2016 Act.
The power in subsection (2) is exercisable if the Investigatory Powers Commissioner notifies the Secretary of State that, in the Commissioner's opinion, the power needs to be exercised in response to the effects that coronavirus is having, or is likely to have, on the capacity of Judicial Commissioners to carry out their functions.
The Secretary of State may by regulations made by statutory instrument modify the Investigatory Powers Act 2016 so as to alter, for the purposes of any of the specified provisions of that Act (see subsection (3)), the length of a period referred to in that Act as “the relevant period”.
The specified provisions are—
sections 24(3), 109(3), 180(3) and 209(3) (period within which Judicial Commissioner must decide whether to approve decision to issue urgent warrant);
sections 32(2)(a), 116(2)(a), 184(2)(a) and 213(2)(a) (period at end of which urgent warrant ceases to have effect);
sections 33(5)(a), 117(5)(a), 185(3)(a) and 214(3)(a) (period during which urgent warrant may be renewed);
sections 38(5), 122(5), 124(3), 147(3), 166(3), 188(3) and 217(3) (period within which Judicial Commissioner or other appropriate person must decide whether to approve decision to make urgent modification of warrant).
A modification made by the regulations may not increase the length of a period so that it ends after the 12th working day after the day on which the warrant was issued or, as the case may be, the modification was made.
The regulations may make consequential, supplementary or transitional provision.
The regulations must provide for them to cease to have effect at the end of the period of 12 months beginning with the day on which they come into force.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“further education” has the meaning given by section 6 of the Further and Higher Education (Scotland) Act 1992;
The Welsh Ministers may by regulations made by statutory instrument modify this Schedule. A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
If the Tribunal considers that it would be impractical to hold a hearing rule 58 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (power of Tribunal to decide case without a hearing) applies as if rule 58(1)(d) to (f), (2)(b) to (e), (3) and (4) were omitted.
Where any form prescribed for use in connection with a provision of the 1986 Order is inconsistent with a modification made by Part 2 of this Schedule, the form—
may, in connection with the provision as so modified, be used with appropriate amendments;
is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)). In this Schedule— Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.
In this Part of this Schedule “CA 2014” means the Care Act 2014. Expressions used in this Part of this Schedule and in Part 1 of CA 2014 have the same meaning in this Part of this Schedule as in Part 1 of that Act.
Section 18 of CA 2014 (duty to meet needs for care and support) has effect as if for subsection (1) there were substituted—
A local authority does not have to comply with any duties imposed by the following provisions of CA 2014—
section 37 (duties of notification, assessment, etc when a person moves);
section 38 (case where assessments not complete on day of move).
A provision of this Part of this Schedule that provides that a local authority does not have to comply with a relevant duty, or modifies a relevant duty of a local authority, applies in relation to duties arising before the commencement day as it applies in relation to duties arising on or after that day. In sub-paragraph (1)—
A local authority does not have to comply with the duty imposed by section 63(2) of SSW(W)A 2014 (duty to carry out a financial assessment). But a local authority may not impose a charge under section 59 of SSW(W)A 2014 for meeting any needs under section 35 or 40 of that Act during any period for which paragraph 26 or (as the case may be) 27 applies without having carried out an assessment under section 63(2) of that Act.
In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by—
section 54 of SSW(W)A 2014 (care and support plans and support plans), or
any regulations made under that section or section 55 of that Act.
The Welsh Ministers may issue guidance about how local authorities are to exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the provision made by this Part of this Schedule. A local authority must have regard to any guidance issued under this paragraph. A local authority must comply with such guidance issued under this paragraph as the Welsh Ministers direct. The Welsh Ministers— A local authority may disregard any provision of a code under section 145 of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this paragraph.
In this Part of this Schedule— In this Part of this Schedule— Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.
A qualified informant who is required under the 1976 Order to give information concerning a death or still-birth to a registrar, but who is unable to attend before a registrar in person, may give that information— The duty of a qualified informant to sign the register does not apply where information is given in reliance on sub-paragraph (1). Where information is given in reliance on sub-paragraph (1), that information is to be regarded for the purposes of the 1976 Order as having been given in the manner that is required by the 2012 Regulations. An entry in the register of deaths or the register of still-births for which, by virtue of sub-paragraph (2), no signature is required is to be treated as an entry signed by a qualified informant for the purposes of the 2012 Regulations. A qualified informant is to be treated as unable to attend before a registrar in person for the purposes of sub-paragraph (1) if it would be unreasonable or impracticable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the registrar’s office or any other reason).
The Department may by notice make provision disapplying or modifying, for a specified period, any one or more of the provisions listed in sub-paragraph (2). This is the list referred to in sub-paragraph (1)— The Department may by regulations amend the list in sub-paragraph (2). A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to— In particular, a notice under sub-paragraph (1) that disapplies any provision of, or made under, Part 2 of the Education (Northern Ireland) Order 2006 may— A notice under sub-paragraph (1) must state why the Department considers that the issuing of the notice is an appropriate and proportionate action in all the circumstances. The specified period in a notice under sub-paragraph (1) must not exceed one month. The Department may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice. A cancellation notice may contain transitional or saving provision. Nothing in sub-paragraph (7) or (8) prevents the issuing of a further notice in relation to any provision. Subject to sub-paragraph (12), the Department must— Where the notice relates to a person specified by name— In this paragraph— The power to make regulations under sub-paragraph (3) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument). Regulations under sub-paragraph (3) may make different provision for different purposes. Regulations under sub-paragraph (3) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made. Regulations laid before the Assembly by virtue of sub-paragraph (16) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of the Assembly. In calculating the period of 40 days, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days. Where regulations cease to have effect as a result of sub-paragraph (17), that does not— Where— the notice ceases to have effect at the time the regulations cease to have effect.
A person commits an offence if the person fails without reasonable excuse to comply with a direction under this Schedule. A person has in particular a reasonable excuse for the purposes of sub-paragraph (1) if complying with the direction would cause the person to breach a duty to which the person is subject by virtue of any enactment. The duties referred to in sub-paragraph (2) include duties under a direction or instruction given by the Secretary of State under any of the following provisions— A person guilty of an offence under this paragraph is liable on summary conviction— In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (4) to 51 weeks is to be read as a reference to 6 months.
If at any time the Secretary of State is of the view that— the Secretary of State may make a declaration to that effect. If, having made a declaration under this paragraph, the Secretary of State ceases to be of the view referred to in sub-paragraph (1), the Secretary of State must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— The Secretary of State may make a declaration under this paragraph on more than one occasion. Before making or revoking a declaration under this paragraph the Secretary of State must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health and Social Care.
An individual who has responsibility for a child must, so far as reasonably practicable, secure that the child complies with any direction, instruction, requirement or restriction given to or imposed on the child under this Part of this Schedule. An individual who has responsibility for a child must provide to a person exercising a power under this Part of this Schedule such information and assistance in relation to the child as is reasonably necessary and practicable in the circumstances. A power under this Part of this Schedule to direct or require a child to go to a place may instead be exercised by directing or requiring an individual who has responsibility for the child to take the child to the place. A power under paragraph 31 or 35 may only be exercised in relation to a child in the presence of— Where a power under this Part of this Schedule is exercisable in relation to a child but the child is not accompanied by an individual who has responsibility for the child, the person by whom the power is exercisable must— Where a child has a right of appeal (see paragraph 38), the right may be exercised by an individual who has responsibility for the child. For the purposes of this paragraph—
A person exercising a power conferred by this Part of this Schedule must have regard to— In sub-paragraph (1) “relevant authority” means—
During a transmission control period, sections 56(1) and 58(2) of the Public Health etc. (Scotland) Act 2008 (asp 5) (which relate to compensation) have effect as if for “must” there were substituted “may”.
Paragraphs 74 to 76 apply where, during a transmission control period— A public health officer may exercise a power conferred by paragraphs 74 to 76 only if the officer considers that it is necessary and proportionate to do so—
The relevant national authority may by regulations made by statutory instrument amend this Schedule— Sub-paragraph (1) applies to references in this Schedule whether or not they are contained in text which is to be treated as if inserted or substituted into another enactment.
Section 19 of CA 2014 (power to meet needs for care and support) has effect as if there were omitted—
the reference in subsection (1) to having carried out a needs assessment and a financial assessment;
the reference in subsection (2) to having made a determination under section 13(1) of that Act, and the words “which meet the eligibility criteria”;
the reference in subsection (3) to having not yet carried out a needs assessment or made a determination under section 13(1) of that Act.
This paragraph applies where— Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5). In subsections (1) and (2)— In subsection (3)— In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted. The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.
In accordance with paragraph 21—
Form 2 has effect as if at entry number 15 for “Signature” there were substituted “Name of person professing to be informant”;
Form 3 has effect as if at entry number 16 for “Signature of informant” there were substituted “Name of person professing to be informant”.
In this Part of this Schedule, “transmission control period” means a period which—
begins when the Secretary of State makes a declaration under paragraph 4, and
ends when the declaration is revoked.
A public health officer may require the person referred to in paragraph 73 to remain at the place for screening and assessment purposes for a period not exceeding 48 hours. Where a public health officer requires a person to remain at a place under this paragraph, the officer must inform that person— A requirement imposed on a person under this paragraph may be enforced by a public health officer or a constable keeping the person at the place.
In section 20 of CA 2014 (duty and power to meet a carer’s needs for support), subsection (1) has effect as if—
the words “, having made a determination under section 13(1),” and “which meet the eligibility criteria” were omitted;
after paragraph (a) there were inserted—;
In this subsection “Convention rights” has the same meaning as in the Human Rights Act 1998.
A public health officer may— Requirements under sub-paragraph (1)(a) may in particular include requirements on a person— In sub-paragraph (2)(a)(ii) “healthcare professional” means— Requirements under sub-paragraph (1)(b) may in particular include requirements on a person—
For the purposes of sections 18(6) and 20(9) of CA 2014 (meaning of references to there being no charge for meeting needs), a local authority that decides not to carry out an assessment under section 17 of that Act as a result of paragraph 3(1) above is to be treated as having decided not to make a charge under section 14 of that Act (but see paragraph 10 below). But the duty under section 18 or 20(1) of CA 2014 does not apply to a local authority if— In sub-paragraph (2) “the relevant person” means—
An individual who has responsibility for a child must, so far as reasonably practicable, secure that the child complies with any direction, instruction, requirement or restriction given to or imposed on the child under this Part of this Schedule. An individual who has responsibility for a child must provide to a person exercising a power under this Part of this Schedule such information and assistance in relation to the child as is reasonably necessary and practicable in the circumstances. A power under this Part of this Schedule to direct or require a child to go to a place may instead be exercised by directing or requiring an individual who has responsibility for the child to take the child to the place. A power under paragraph 54 or 58 may only be exercised in relation to a child in the presence of— Where a power under this Part of this Schedule is exercisable in relation to a child but the child is not accompanied by an individual who has responsibility for the child, the person by whom the power is exercisable must— Where a child has a right of appeal (see paragraph 61), the right may be exercised by an individual who has responsibility for the child. For the purposes of this paragraph—
A person exercising a power conferred by this Part of this Schedule must have regard to— In sub-paragraph (1) “relevant authority” means— Before issuing guidance under this paragraph in relation to constables, the Secretary of State must consult the Welsh Ministers.
The Health Protection (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/308 (W. 68)) (“the 2020 Regulations”) are revoked. The declaration made by the Welsh Ministers on 17 March 2020 under regulation 3 of the 2020 Regulations is to be regarded as a declaration made by the Welsh Ministers under paragraph 48 of this Schedule. The revocation of the 2020 Regulations does not affect any requirement imposed on a person under regulation 4 of those Regulations (detention). Any requirement or restriction which— is to be regarded as having been imposed under paragraph 58 of this Schedule. A person who, at the time the 2020 Regulations are revoked, is being removed or kept under regulation 13(2)(b) or (c) is to be treated as removed or kept under (respectively) paragraph 51(2)(b) or 57(2) of this Schedule.
Section 22(11A) of the Prosecution of Offences Act 1985 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings), has effect as if “or fitness to plead” were omitted.
Where in any proceedings a court or tribunal— the person may not participate in the proceedings otherwise than through a live link. A court or tribunal may rescind a direction under paragraph 2 if it appears to the court or tribunal to be in the interests of justice to do so. Where it does so, the person concerned ceases to be able to participate in the proceedings through a live link, but this does not prevent a further direction under paragraph 2 being given in the proceedings in respect of the person. A direction under paragraph 2 in respect of a person may be rescinded— An application may not be made under sub-paragraph (4)(b) or (c) unless there has been a material change of circumstances since the direction was given. Where a court or tribunal rescinds a direction under paragraph 2, or refuses an application to rescind such a direction, it must—
In this Part of this Schedule “live link” means a live video link or a live audio link. A “live video link”, in relation to a person (“P”) participating in proceedings, is a live television link or other arrangement which— A “live audio link”, in relation to a person (“P”) participating in proceedings, is a live telephone link or other arrangement which— The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of sub-paragraphs (2) and (3).
If a public health officer considers it appropriate for the purposes of screening or assessing the person, the officer may— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
A local authority does not have to comply with any duties imposed by the following provisions—
any regulations made under section 30 of CA 2014 (cases where adult expresses preference for particular accommodation);
section 47(2) of that Act (duty to prevent or mitigate loss or damage to property of adults being cared for away from home).
Where the powers in paragraph 71, 72 or 76 are exercised in relation to a person in a place so as to direct them to go to, or remove them to, another place, paragraphs 74 to 76 apply in relation to that person afresh in that other place.
Section 62 of CA 2014 (power to meet child’s carer’s needs for support) has effect as if the reference in subsection (1) to having carried out a child’s carer’s assessment were omitted.
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This section applies to fingerprints and DNA profiles that are retained—
in accordance with a national security determination;
under any of the following provisions— other than fingerprints and DNA profiles that may be retained indefinitely under the provision in question;
section 63F of the Police and Criminal Evidence Act 1984 (retention of section 63D material);
paragraph 20B or 20C of Schedule 8 to the Terrorism Act 2000 (retention of paragraph 20A material);
section 18A of the Counter-Terrorism Act 2008 (retention of section 18 material);
paragraph 8(2) of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (retention of paragraph 6 material);
before being destroyed under—
section 18(3) of the Criminal Procedure (Scotland) Act 1995 (destruction of relevant physical data);
Article 64(1BA) or (3), 64ZB(2), 64ZC(3), 64ZD(3), 64ZE(3), 64ZF(3), 64ZG(3), 64ZH(3), 64ZI(5) or 64ZJ of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (destruction of fingerprints and samples).
The Secretary of State may make regulations extending, for up to six months, the period for which the fingerprints and DNA profiles may be retained.
The Secretary of State may exercise the power under subsection (2) only if the Secretary of State considers that—
coronavirus is having, or is likely to have, an adverse effect on the capacity of persons responsible for making national security determinations to consider whether to make, or renew, national security determinations, and
it is in the interests of national security to retain the fingerprints or DNA profiles.
The power under subsection (2) may be exercised on more than one occasion, but not so as to extend the period for which any fingerprints or DNA profile may be retained by more than 12 months in total.
The power under subsection (2) may be exercised only in relation to fingerprints and DNA profiles which (ignoring the possibility of an extension otherwise than by regulations under that subsection) would need to be destroyed within the period of 12 months beginning with the day on which this Act is passed.
Before making regulations under this section, the Secretary of State must consult the Commissioner for the Retention and Use of Biometric Material.
If the Secretary of State has not exercised the power under subsection (2) before the end of the period of 3 months beginning with the day on which this Act is passed, this section ceases to have effect.
Regulations under subsection (2) may—
make different provision for different purposes;
make consequential, supplementary or transitional provision.
A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An appropriate authority may, subject as follows, require— to provide relevant information to the authority.
a person who is in a food supply chain, or
a person who is closely connected with a food supply chain,
In subsection (1) “relevant information” means information about matters which relate to an activity of the person, where the activity is connected with the food supply chain mentioned in that subsection.
An appropriate authority may require a person to provide information under this section only if the conditions in subsections (4) and (5) are met.
The condition in this subsection is that the appropriate authority considers that the provision of the information is necessary (on its own or when put together with other information) for the purpose of establishing—
whether the whole or part of a food supply chain is being disrupted or is at risk of disruption, or
where a food supply chain is in the view of the appropriate authority being disrupted or at risk of disruption, the nature of the disruption.
The condition in this subsection is that the appropriate authority has previously requested the person to provide the information (before or after the passing of this Act) and the person—
has not done so, or
has provided information that is false or misleading to a material extent.
A requirement under this section may not be imposed on an individual.
A requirement under this section must be in writing and must specify—
how the information is to be provided (and may in particular specify the form in which and means by which it is to be provided), and
when the information is to be provided (and may in particular specify the time or times at or before which it is to be provided).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following are appropriate authorities in relation to a requirement under section 25—
the Secretary of State,
the Scottish Ministers,
the Welsh Ministers, and
the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (“DAERA”).
The Scottish Ministers may impose a requirement under section 25 only if, and to the extent that, an Act of the Scottish Parliament could have authorised the Scottish Ministers to impose the requirement.
The Welsh Ministers may impose a requirement under section 25 only if, and to the extent that, provision of an Act of the National Assembly for Wales could have authorised the Welsh Ministers to impose the requirement (including any provision of such an Act that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
DAERA may impose a requirement under section 25 only if, and to the extent that, an Act of the Northern Ireland Assembly made without the Secretary of State’s consent could have authorised DAERA to impose the requirement.
The Secretary of State may not impose a requirement under section 25 without the consent of an authority referred to in subsection (1)(b) to (d) (a “devolved authority”) if, and to the extent that, that authority could itself have imposed the requirement.
Subsection (5) does not require the consent of a devolved authority to the extent that the activity to which the requirement relates is carried on outside the area of that authority.
Where the Secretary of State imposes a requirement under section 25 with the consent of a devolved authority, the Secretary of State must disclose to that authority any information which—
is provided in response to the requirement, and
relates to the carrying on in the devolved authority’s area of the activity to which the requirement relates.
For the purposes of this section—
the Scottish Ministers’ area is Scotland,
the Welsh Ministers’ area is Wales, and
DAERA’s area is Northern Ireland.
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A person who holds information which has at any time been provided under section 25 may use it if, and only if, the use is for—
the purpose referred to in section 25(4),
the purpose of mitigating or eliminating the effects of disruption to a food supply chain, or
the purpose of preventing or reducing the risk of future disruption to a food supply chain.
A person who holds information which has at any time been provided under section 25 (“the holder”) may disclose it to another person (“the recipient”) if, and only if—
the disclosure is for a purpose specified in subsection (1)(a) to (c),
in a case where the holder is not a government authority, the disclosure is in accordance with the terms on which the information was disclosed to that person, and
in a case where the recipient is not a government authority, the information is anonymised.
Subsection (2) does not apply where the disclosure of information is required by section 26(7).
A disclosure made in accordance with this Act does not breach any obligation of confidence owed by the person making the disclosure or any other restriction on the disclosure of information (however imposed).
Personal data may not be used or disclosed under this section if the use or disclosure would contravene the data protection legislation (but in determining whether it would do so, take into account the powers conferred by subsections (1) and (2)).
In this section—
“reporting period” and “substantive operational period of this Act” have the same meaning as in section 97.
This paragraph applies for the interpretation of this Schedule. In relation to England and Wales and Scotland, the following terms have the meaning given by section 230 of the Employment Rights Act 1996— In relation to Northern Ireland, the following terms have the meaning given by Article 3 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))— “Emergency volunteering leave” has the meaning given by paragraph 1. “Health or social care” has the meaning given by section 9 of the Health and Social Care Act 2008. “Week” means any period of 7 consecutive days. “Working day” means a day other than—
Where any form prescribed for use in connection with a provision of the 1983 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—
may, in connection with the provision as so modified, be used with appropriate amendments;
is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
Parts 2 to 5 of this Schedule— This Part of this Schedule contains provision relating to the interpretation of Parts 2 to 5.
This paragraph applies where, during a transmission control period— The immigration officer or constable may, subject to sub-paragraphs (3) to (6), keep the person at that place until such time as a public health officer can exercise the functions under paragraphs 74 to 76 in relation to that person. A person may not under sub-paragraph (2) be kept— If before the end of the period referred to in sub-paragraph (3)(a) or (b) the immigration officer or constable considers that it is necessary to extend the period because it is not reasonably practicable for a public health officer to exercise the functions under paragraphs 74 to 76 before the end of that period, the officer or constable may, with the consent of a relevant officer, extend the period for a further— In sub-paragraph (4) “relevant officer” means— An immigration officer or constable may keep a person under this paragraph only if they consider it is necessary and proportionate to do so— Where an immigration officer or constable keeps a person at a place under this paragraph, they must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.
A direction, instruction, requirement or restriction under this Part of this Schedule may be given or imposed orally or in writing. But where a requirement or restriction under paragraph 79 is given to a person orally by a public health officer, the public health officer must as soon as reasonably practicable thereafter give the person a notice setting it out in writing.
When the transmission control period during which a power conferred by this Part of this Schedule is exercised comes to an end, any requirement or restriction imposed under the power ceases to have effect in respect of times after the end of the period.
The Secretary of State may, for the purpose of— issue a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, premises in England. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. A direction under sub-paragraph (1) may, among other things, impose requirements for the purpose of— A direction under sub-paragraph (1) may impose prohibitions, requirements or restrictions by reference to (among other things)—
A person commits an offence if the person fails without reasonable excuse to comply with a prohibition, requirement or restriction imposed on the person by a direction issued under this Part of this Schedule. A person guilty of an offence under this paragraph is liable on summary conviction to a fine.
The Scottish Ministers may, for the purpose of— issue a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, premises in Scotland. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. A direction under sub-paragraph (1) may, among other things, impose requirements for the purpose of— A direction under sub-paragraph (1) may impose prohibitions, requirements or restrictions by reference to (among other things)—
Compliance with a direction issued under this Part of this Schedule may be enforced by— In exercising the power of enforcement conferred by sub-paragraph (1), a person may— The powers conferred by sub-paragraph (2) are exercisable in relation to Crown premises only with the consent of the appropriate authority. In sub-paragraph (3), “appropriate authority”, in relation to any premises— In sub-paragraph (4)(b), “relevant person”, in relation to any premises to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages those premises. It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any premises, and their decision is final.
If an offence under paragraph 9 committed by a body corporate is proved— the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly. In sub-paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.
The Health Professions Order 2001 (S.I. 2002/254) has effect as if it were subject to the following modifications. The Order has effect as if after article 9 there were inserted— Article 25(1) (power of Health and Care Professions Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons). Article 38 (appeals) has effect as if after paragraph (1A) there were inserted—
The Social Workers Regulations 2018 (S.I. 2018/893) have effect as if they were subject to the following modifications. Regulation 9 (information to be recorded in the register in relation to a registered social worker) has effect as if— The regulations have effect as if after regulation 12 there were inserted— Regulation 19 (registration appeals) has effect as if after paragraph (2) there were inserted—
The Registration of Social Workers and Social Service Workers in Care Services (Scotland) Regulations 2013 (S.S.I. 2013/227) have effect subject to the following modifications. In regulation 4 (requirements on social workers)— In regulation 5 (requirements on social service workers)—
Paragraph 20 of Schedule 1 (interim authorisations by panels) has effect as if in each of sub-paragraphs (2)(b), (3)(b) and (5)(a) for “28 days” there were substituted “56 days”.
Paragraph 9(2) of Schedule 3 (time limit for panel’s decision on application for extension of period of authorisation) has effect as if for “7 working days” there were substituted “28 working days”.
Section 162(5) (periods of remand or further remand of accused to hospital for report on mental condition or treatment) has effect as if the words “or for more than 12 weeks in total” were omitted.
A court may give a hospital direction under section 174 (when passing custodial sentence, for the removal to and detention in hospital of a convicted person) where the court— and any other conditions for giving the direction are met. In sub-paragraph (1), “relevant medical practitioner” means a medical practitioner referred to in paragraph (a) or (b) (as the case may be) of section 175(4).
Section 224(2)(b) (period within which person subject to hospital transfer direction must be admitted to hospital) has effect as if for “14 days” there were substituted “28 days”.
This paragraph applies if— The medical practitioner— The informant is not subject to any duties in relation to the certificate.
This paragraph applies to any review of a medical certificate of cause of death, other than one falling within paragraph 5, which— The medical reviewer or, as the case may be, senior medical reviewer must—
The Scottish Ministers may determine that section 49 of the 2016 Act (offences relating to applications for cremation) is not to have effect in relation to signing the declaration in an application for cremation made under section 48(1) of the 2016 Act in accordance with the 2019 Regulations on or after such date as may be specified in the determination. A determination under sub-paragraph (1) may be revoked by the Scottish Ministers making a determination to that effect. The Scottish Ministers must publish any determination made under this paragraph in such manner as they consider appropriate.
This paragraph applies where— Irrespective of whether of any steps were taken to ascertain the wishes of the applicant in relation to the ashes prior to the revocation of the determination— For the purposes of sub-paragraph (2)(a), the specified period in sections 53(2) and 55(2)(a) of the 2016 Act is to be a period of 4 weeks beginning with the date on which the determination under paragraph 9(1) was revoked.
The Secretary of State may give a temporary closure direction that applies to— The Welsh Ministers may give a temporary closure direction that applies to— A temporary closure direction under this paragraph is a direction that requires a registered childcare provider to which it applies to take reasonable steps to secure that persons do not, for a specified period, attend premises of the provider for purposes connected with the provision of childcare. Before giving a direction under this paragraph, the Secretary of State— Before giving a direction under this paragraph, the Welsh Ministers— A temporary closure direction under this paragraph may— The duty of a registered childcare provider to which a temporary closure direction has been given under this paragraph to comply with the direction is enforceable against that provider by the appropriate authority making an application to the High Court or the county court for an injunction. An application made under sub-paragraph (7) may be made without notice being given to the registered childcare provider. In this paragraph—
Subject to sub-paragraph (2), the appropriate authority must publish a temporary closure direction under paragraph 1 or 2. Where a direction relates to a person specified by name— A temporary closure direction under paragraph 1 or 2 has effect until the earlier of— A person to whom a temporary closure direction under paragraph 1 or 2 is given must have regard to any guidance given by the appropriate authority about how to comply with a direction given by that authority under that paragraph. In this paragraph, subject to sub-paragraph (6), “appropriate authority” means— Where a person gives a direction by virtue of an authorisation under paragraph 4, “the appropriate authority”—
If at any time the Department of Health is of the view that— the Department of Health may make a declaration to that effect. If, having made a declaration under this paragraph, the Department of Health ceases to be of the view referred to in sub-paragraph (1), it must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— The Department of Health may make a declaration under this paragraph on more than one occasion. Before making or revoking a declaration under this paragraph the Department of Health must consult the Chief Medical Officer or any of the Deputy Chief Medical Officers of the Department of Health.
This Part of this Schedule applies to any proceedings in a court or statutory tribunal. In this Part of this Schedule “court” means— In this Part of this Schedule “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include— In this paragraph “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
A reference in this Part of this Schedule to participating in any proceedings includes (in particular) participation—
as a party to the proceedings,
as a witness,
as a judge or other member of the court or tribunal,
as a member of a jury,
as a legal representative acting in the proceedings,
as an interpreter or other person appointed by the court or tribunal to assist in the proceedings,
as the clerk to the court or tribunal, or
as a representative of the press.
The Interpretation Act (Northern Ireland) 1954 applies for the purposes of the preceding provisions of this Part of this Schedule as if those provisions were contained in an Act of the Northern Ireland Assembly.
subordinate legislation within the meaning of the Interpretation Act 1978;
This paragraph applies where— In this paragraph “emergency period”, in relation to section 18, 19, 20 or 62 of CA 2014, means a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect. The local authority is not prevented by that decision from subsequently carrying out an assessment under section 17 of CA 2014 (whether during or after the emergency period) and deciding to make a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs. In so far as there is any charge for meeting any needs under section 18 or 19(2) of CA 2014 during the emergency period, the fact that condition 1, 2 or 3 in section 18 of that Act is not met at the time of the making of the charge does not affect anything already done under section 18 or (as the case may be) 19(2) of that Act. In so far as there is any charge for meeting any needs under section 20(1) of CA 2014 during the emergency period, the fact that condition 1, 2, 3 or 4 in that section is not met at the time of the making of the charge does not affect anything already done under that section.
The Welsh Ministers may by notice make provision in relation to Wales— A notice under sub-paragraph (1) may limit the disapplication or modification of a provision by reference to— A notice under sub-paragraph (1) may also make such consequential modifications of any other enactment, for the specified period, as the Welsh Ministers consider appropriate. A notice under sub-paragraph (1) must state why the Welsh Ministers consider that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus. This is the list referred to in sub-paragraph (1)(a)— This is the table referred to in sub-paragraph (1)(b)— Act, Measure or statutory instrument Enactment Authorised modification The Further and Higher Education Act 1992 Section 44 (collective worship) Any duty imposed on a person by section 44 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Section 3 (definition of “pupil”) A person is not for the purposes of the Education Act 1996 to be treated as a pupil at a school merely because any education is provided for that person at the school on a temporary basis for reasons relating to the incidence or transmission of coronavirus. Education Act 1996 Section 14 (functions in respect of primary and secondary schools) Any duty imposed on a person by section 14 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Section 19 (exceptional provision of education in pupil referral units or elsewhere) Any duty imposed on a person by or under section 19 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Section 324 (statement of special educational needs) Any duty imposed on a person by section 324(5)(a) or (b) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Section 328 (review of educational needs) Any duty imposed on a person by or under section 328 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 1996 Sections 512 to 512ZB (school meals) Any duty imposed on a person by sections 512 to 512ZB is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. School Standards and Framework Act 1998 Section 70 (requirements relating to collective worship) Any duty imposed on a person by section 70 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. School Standards and Framework Act 1998 Section 89A (determination of admission numbers) Section 89A has effect as if subsections (1) and (3) were omitted and in subsection (2) for “Such a determination under section 89 may also” there were substituted “A determination under section 89 may” and paragraph (b) (and the preceding “and”) were omitted. School Standards and Framework Act 1998 Section 99 (general restriction on selection by ability or aptitude) Section 99 has effect as if subsections (2) and (4), and the words from “unless” to the end in subsection (3), were omitted. School Standards and Framework Act 1998 Section 118 (duty of local authority as respects availability of nursery education) Any duty imposed on a local authority by section 118 is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. Learning and Skills Act 2000 Sections 31 and 32 (education and training for those aged 16 to 19 and those over 19) Any duty imposed on the Welsh Ministers by section 31 or 32 is to be treated as discharged if the Welsh Ministers have used reasonable endeavours to discharge the duty. Learning and Skills Act 2000 Section 35 (financial resources: conditions) Section 35 has effect, where a temporary closure direction or temporary continuity direction (under Schedule 16 or 17 to the Coronavirus Act 2020) applies in relation to a person, as if it authorised the Welsh Ministers to vary the conditions imposed, or impose additional conditions, under that section in relation to financial resources secured to that person under section 34. Learning and Skills Act 2000 Section 140 (duty on the Welsh Ministers to arrange an assessment of a person with SEN in particular circumstances) Any duty imposed on a person by section 140 is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2002 Section 108 (establishment of National Curriculum for Wales by Order) Section 108 has effect as if it provided that any duty imposed on a person by an order under that section is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2002 Section 166(2) (time limit for appeals by proprietor against decisions relating to registered schools) The period for bringing an appeal is to be treated as increased from 28 days to 3 months. Education Act 2005 Section 28 (duty to arrange regular inspections) The duty imposed by section 28(1) is to be treated as discharged if the Chief Inspector has used reasonable endeavours to discharge the duty. Education Act 2005 Section 39 (measures to be taken by appropriate authority) The duty imposed on a person by virtue of section 39(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2005 Section 40 (statement prepared by a local authority) Any duty imposed on a local authority by section 40 is to be treated as discharged if the local authority has used reasonable endeavours to discharge the duty. Education Act 2005 Section 42 (statement to be prepared by proprietor of school) The duty imposed on a person by virtue of section 42(2) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2005 Section 50 (inspection of religious education: Wales) The duty imposed on a person by section 50(4) is to be treated as discharged if the person has used reasonable endeavours to discharge the duty. Education Act 2005 Paragraph 2(1) and (2) of Schedule 6 (procedure for inspections under section 50) Any duty imposed on a person by paragraph 2(1) or (2) is treated as discharged if the person has used reasonable endeavours to discharge the duty. Childcare Act 2006 Section 24 (arrangements between local authority and childcare providers) Any duty imposed on a Welsh local authority by section 24 is to be treated as discharged if the Welsh local authority has used reasonable endeavours to discharge the duty; and section 24(2) has effect as if after “securing that” there were inserted “so far as reasonably practicable”. Childcare Act 2006 Section 27 (duty to provide information, advice and assistance) Any duty imposed on a Welsh local authority by section 27 is to be treated as discharged if the Welsh local authority has used reasonable endeavours to discharge the duty. Children and Families (Wales) Measure 2010 Section 45 (supply of information to local authorities) Any duty imposed on the Welsh Ministers under section 45(1) is to be treated as discharged if the Welsh Ministers have used reasonable endeavours to discharge the duty. Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016 (S.I. 2016/88 (W.42)) Regulation 3 (duty to prepare and publish assessments) Regulation 3(3) has effect as if after “intervals” there were inserted “subject to any direction given by the Welsh Ministers to prepare and publish an assessment at another time”. Child Minding and Day Care (Wales) Regulations 2010 (S.I. 2010/2574 (W.214)) The whole instrument The Regulations have effect as if they included a Regulation in the following terms “The Welsh Ministers may, by notice in writing, relax any of the requirements of regulations 3, 4, 5, 12, 14, 15 or 16, or of paragraph 9 or 33 of Schedule 1, where to do so is a necessary and proportionate response to the incidence or transmission of coronavirus (and those requirements are to be read subject to any such relaxation).” The specified period in a notice under sub-paragraph (1) must not exceed one month. The Welsh Ministers may by notice (a “cancellation notice”) cancel a notice under sub-paragraph (1) with effect from the time specified in the cancellation notice. A cancellation notice may contain transitional or saving provision. Where a notice under sub-paragraph (1) modifies section 166(2) of the Education Act 2002 in the manner specified in the table in sub-paragraph (6), that modification continues to have effect in relation to any notice of a refusal, determination or order mentioned in section 166(2) of that Act served during the specified period in the notice under sub-paragraph (1) (except that if the notice under sub-paragraph (1) is cancelled, that specified period is treated as having ended at the time the cancellation of the notice takes effect under sub-paragraph (8)). Nothing in sub-paragraph (7) or (8) prevents the making of a further notice in relation to any provision. Subject to sub-paragraph (13), the Welsh Ministers must— Where the notice relates to a person specified by name— In this paragraph—
regulation 12 of the Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2016 (S.I. 2016/88 (w.42)) (annual progress reports), so far as it requires an annual report for the years 2020 and 2021.
If at any time the Welsh Ministers are of the view that— If, having made a declaration under this paragraph, the Welsh Ministers cease to be of the view mentioned in sub-paragraph (1), the Welsh Ministers must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— Before making or revoking a declaration under this paragraph, the Welsh Ministers must consult the Chief Medical Officer or one of the Deputy Chief Medical Officers for Wales. The Welsh Ministers may make a declaration under this paragraph on more than one occasion.
The Welsh Ministers may vary or revoke to any extent a direction issued under this Part of this Schedule.
The Welsh Ministers may by regulations amend the list in paragraph 7(5) or the table in paragraph 7(6) so as to add an enactment relating (directly or indirectly) to children, education or training, or to vary or remove an entry. The power to make regulations under this paragraph is exercisable by statutory instrument. Regulations under this paragraph may— A statutory instrument containing regulations under this paragraph must be laid before the National Assembly for Wales as soon as reasonably practicable after being made. Regulations contained in an instrument laid before the National Assembly for Wales by virtue of sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made, unless within that period the instrument is approved by a resolution of the National Assembly for Wales. In calculating the period of 40 days, no account is to be taken of any time during which the National Assembly for Wales is— Where regulations cease to have effect as a result of sub-paragraph (5), that does not— Where a notice has been given under paragraph 7 by virtue of the regulations and the regulations cease to have effect during the specified period set out in that notice, the specified period is treated as ending at the time the regulations cease to have effect.
In this Part of this Schedule, “public health response period” means a period which—
begins when the Welsh Ministers make a declaration under paragraph 26(1), and
ends when the Welsh Ministers revoke the declaration.
In accordance with paragraph 27—
Article 22 has effect as if the words “, accompanied by such medical certificate of the cause of the death as is required by Article 25 to be given to the registrar,” were omitted;
Article 25(3) has effect as if after “paragraph (2)” there were inserted “or give the registrar a copy of such a certificate”;
Article 25(4) has effect as if for the words from “An informant” to “and” there were substituted “Where a registered medical practitioner gives to the registrar a copy of the certificate which the practitioner has signed under Article 25(2) together with such other particulars as are required under Article 25(2) to be given by the practitioner,”.
In this Part of this Schedule, “transmission control period” means a period which—
begins when a declaration is made under paragraph 69, and
ends when the declaration is revoked.
The provisions of this section bind the Crown.
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This section applies if an appropriate authority which has imposed a requirement under section 25 is satisfied on the balance of probabilities that a person has, without reasonable excuse—
failed to comply with the requirement, or
provided information that is false or misleading to a material extent in response to the requirement.
The authority may impose a financial penalty on the person in accordance with Schedule 15.
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This section has effect for the purposes of sections 25 to 28.
A “food supply chain” is a supply chain for providing individuals with items of food or drink for personal consumption, where the items consist of or include, or have been produced to any extent using—
anything grown or otherwise produced in carrying on agriculture, or
anything taken, grown or otherwise produced in carrying on fishing or aquaculture.
The persons “in” a food supply chain are—
the persons carrying on the agriculture, fishing or aquaculture (“producers”), and
any persons in the supply chain between the producers and the individuals referred to in subsection (2) (“intermediaries”).
The persons “closely connected” with a food supply chain are—
persons supplying seeds, stock, equipment, feed, fertiliser, pesticides or similar items to producers for use in agriculture, fishing or aquaculture,
persons providing goods or services to producers or intermediaries, where the goods or services relate to—
the safety or quality of food or drink, or
the welfare of animals, and
bodies representing persons in or closely connected with a food supply chain by virtue of the preceding provisions of this section.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of section 7(2)(c) of the Coroners and Justice Act 2009 (requirement for inquest to be held with jury if senior coroner has reason to suspect death was caused by notifiable disease etc), COVID-19 is not a notifiable disease.
This section applies to an inquest that is opened while this section is in force (regardless of the date of the death).
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For the purposes of section 18(1)(c) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) (requirement for inquest to be held with jury if it appears to coroner that death was caused by notifiable disease), COVID-19 is not a disease that requires notice to be given.
This section applies to an inquest that is opened while this section is in force (regardless of the date of the death).
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Subsection (2) applies if—
an inquest is required to be held in pursuance of section 39(2) of the 1953 Act (death of a prisoner), and
it appears to the coroner that the death was caused by natural illness.
The coroner need not comply with the requirement in section 18(1) of the 1959 Act; and, accordingly, the coroner may proceed to hold or continue to hold the inquest without a jury.
But if in any case to which subsection (2) applies it appears to the coroner, either before or in the course of an inquest begun without a jury, that it is desirable to summon a jury, the coroner may proceed to cause a jury to be summoned as if it were being summoned in accordance with section 18(1) of the 1959 Act.
Section 13(2) of the 1959 Act has effect in relation to an inquest held without a jury in reliance on subsection (2) as if for the words from “Where more than” to “all the deaths so resulting” there were substituted “Where more than one inquest is required to be held in pursuance of section 39(2) of the 1953 Act and it appears to the coroner that all of the deaths were caused by natural illness and that one inquest ought to be held into them all,”.
In this section—
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The Welsh Ministers may by notice make provision—
disapplying, for a specified period, a health DBS provision or a social care DBS provision;
modifying, for a specified period, a health DBS provision or a social care DBS provision.
For the purposes of subsection (1) a “health DBS provision” is a provision of regulations under section 22 of the Care Standards Act 2000 (regulation of establishments and agencies) which imposes requirements—
as to the persons who are fit to work at an establishment in Wales or for the purposes of an agency in Wales, and
which relate to the obtaining in relation to such persons of certificates or information from the Disclosure and Barring Service.
For the purposes of subsection (1) a “social care DBS provision” is a provision of regulations under section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (regulations about regulated services) which imposes requirements—
as to the persons who are fit to work in a regulated service, and
which relate to the obtaining in relation to such persons of certificates or information from the Disclosure and Barring Service.
A notice under subsection (1) may limit the disapplication or modification of a health DBS provision or a social care DBS provision by reference to—
a specified person or description of persons;
a specified area;
any other matter.
A notice under subsection (1) must state why the Welsh Ministers consider that the issuing of the notice is an appropriate and proportionate action in all the circumstances relating to the incidence or transmission of coronavirus.
The specified period in a notice under subsection (1) must not exceed one month.
The Welsh Ministers may by notice (a “cancellation notice”) cancel a notice under subsection (1) with effect from the time specified in the cancellation notice.
A cancellation notice may contain transitional or saving provision.
Nothing in subsection (6) or (7) prevents the making of a further notice in relation to a health DBS provision or a social care DBS provision.
Subject to subsection (11), the Welsh Ministers must—
publish a notice under this section, and
take such other steps as the Welsh Ministers consider reasonable to bring the notice to the attention of those persons likely to be affected by it.
Where the notice relates to a person specified by name—
the Welsh Ministers must give a copy of the notice to that person, and
the published version of the notice must not identify any individual without their consent.
In this section—
Expressions used in this section and in the Care Standards Act 2000 or the Regulation and Inspection of Social Care (Wales) Act 2016 have the same meaning as in that Act.
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The Scottish Ministers may issue a direction that disapplies or modifies—
section 35 of the 2007 Act (organisations not to use barred individuals for regulated work);
section 36 of the 2007 Act (personnel suppliers not to supply barred individuals for regulated work).
In this section and section 35, “the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).
A direction under subsection (1)—
may be of general application or specify particular persons or descriptions of persons to whom the direction applies;
may be framed by reference to particular kinds of regulated work with children or protected adults (within the meaning of section 91 of the 2007 Act);
may be framed by reference to any other matters the Scottish Ministers consider appropriate;
may make different provision for different purposes;
may make such other provision as the Scottish Ministers consider appropriate in connection with the giving of the direction.
The Scottish Ministers must publish a direction under subsection (1).
A direction under subsection (1) has effect—
for the period specified in the direction, or
until revoked by a further direction under that subsection.
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Where the Scottish Ministers receive a disclosure request under— they may treat it as a disclosure request for a statement of scheme membership under section 54 of the 2007 Act.
section 52 of the 2007 Act for a scheme record, or
section 53 of the 2007 Act for a short scheme record,
Where the fee for a disclosure request for a statement of scheme membership is lower than the fee for a disclosure request for a scheme record or for a short scheme record, the Scottish Ministers must refund the difference in the fees to the applicant.
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Section 40 of the National Health Service (Scotland) Act 1978 (vaccination and immunisation) has effect as if—
for subsection (1) there were substituted—, and
in subsection (3), for “medical practitioners” there were substituted “persons”.
Article 4 of the Functions of Health Boards (Scotland) Order 1991 (S.I. 1991/570 (S. 55)) has effect as if for paragraph (g) there were substituted—.
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the Department of Education in Northern Ireland to give directions requiring the temporary closure of schools;
the Department for the Economy in Northern Ireland to give directions requiring the temporary closure of further and higher education institutions;
the Department of Health in Northern Ireland to give directions requiring the temporary cessation of childcare provision.
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to give directions requiring the provision, or continuing provision, of education, training and childcare;
to give notices disapplying or modifying enactments.
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the Department of Education in Northern Ireland and the Department for the Economy in Northern Ireland to give directions requiring the provision, or continuing provision, of education;
the Department of Health in Northern Ireland to give directions requiring the provision, or continuing provision, of childcare;
the Department of Education in Northern Ireland to give notices disapplying or modifying enactments.
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The Social Security Contributions and Benefits Act 1992 has effect as if after section 159A there were inserted—
The Social Security Administration Act 1992 has effect as if in section 113A (statutory sick pay and statutory maternity pay: breach of regulations)—
in subsection (1)(c), after “153(5)(b)” there were inserted “or 159B”;
in subsection (3), after “132” there were inserted “of this Act, or section 159B of the Contributions and Benefits Act”.
The Social Security Administration Act 1992 has effect as if in section 113B (statutory sick pay and statutory maternity pay: fraud and negligence)—
in subsection (1)(b)(iii), after “153(5)(b)” there were inserted “or 159B”;
after subsection (2) there were inserted—
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The Secretary of State may by regulations make provision disapplying section 155(1) of the Social Security Contributions and Benefits Act 1992 in relation to an employee whose incapacity for work is related to coronavirus.
Regulations under subsection (1) may make provision about when an employee’s incapacity for work is related to coronavirus.
Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 applies to regulations made under subsection (1) as if that subsection were contained in that Act.
Regulations under subsection (1) may have retrospective effect in relation to a day of incapacity for work that falls on or after 13 March 2020.
In this section “employee” and “incapacity for work” have the same meaning as in Part 11 of the Social Security Contributions and Benefits Act 1992.
Regulations under subsection (1) are to be made by statutory instrument.
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
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The Social Security Contributions and Benefits Act 1992 has effect as if in section 151 (employer’s liability for statutory sick pay), after subsection (4) there were inserted—
The Social Security Contributions and Benefits Act 1992 has effect as if in section 175 (regulations), after subsection (5) there were inserted—
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The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect as if after section 155A there were inserted—
The Social Security Administration (Northern Ireland) Act 1992 has effect as if in section 107A (statutory sick pay and statutory maternity pay: breach of regulations)—
in subsection (1)(c), after “149(5)(b)” there were inserted “or 155B”;
in subsection (3), after “124” there were inserted “of this Act, or section 155B of the Contributions and Benefits Act”.
The Social Security Administration (Northern Ireland) Act 1992 has effect as if in section 107B (statutory sick pay and statutory maternity pay: fraud and negligence)—
in subsection (1)(b)(iii), after “149(5)(b)” there were inserted “or 155B”;
after subsection (2) there were inserted—
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The Secretary of State may by regulations make provision disapplying section 151(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in relation to an employee whose incapacity for work is related to coronavirus.
Regulations under subsection (1) may make provision about when an employee’s incapacity for work is related to coronavirus.
Section 171(3) to (5) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 applies to regulations made under subsection (1) as if that subsection were contained in that Act.
Regulations under subsection (1) may have retrospective effect in relation to a day of incapacity for work that falls on or after 13 March 2020.
In this section “employee” and “incapacity for work” have the same meaning as in Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
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in section 147 (employer’s liability for statutory sick pay), after subsection (4) there were inserted—;
in section 171 (regulations), after subsection (5) there were inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Health Service Pension Scheme Regulations 1995 (S.I. 1995/300) have effect as if—
regulation S1 (suspension of pension on return to NHS employment) were omitted, and
in the opening words of regulation S2(3) (reduction of pension on return to NHS employment) the words “or (c)” were omitted.
The National Health Service Pension Regulations 2008 (S.I. 2008/653) have effect as if the following regulations were omitted—
regulation 2.D.6(2)(a) (abatement of pension following increase in pensionable pay), and
regulation 3.D.6(2)(a) (abatement of pension following increase in engagement in employment).
The National Health Service Pension Regulations 2015 (S.I. 2015/94) have effect as if regulation 86(3) (abatement of pension following continuation of employment) were omitted.
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The National Health Service Superannuation Scheme (Scotland) Regulations 2011 (S.S.I. 2011/117) have effect as if—
regulation S1 (suspension of pension on return to NHS employment) were omitted, and
in the opening words of regulation S2(4) (reduction of pension on return to NHS employment) the words “or (c)” were omitted.
The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013 (S.S.I. 2013/174) have effect as if the following regulations were omitted—
regulation 2.D.6(2)(a) (abatement of pension following increase in pensionable pay), and
regulation 3.D.6(2)(a) (abatement of pension following increase in engagement in employment).
The National Health Service Pension Scheme (Scotland) Regulations 2015 (S.S.I. 2015/94) have effect as if regulation 85(3) (abatement of pension following continuation of employment) were omitted.
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The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995 (S.R. (N.I.) 1995 No.95) have effect as if—
regulation 84 (suspension of pension on return to HPSS employment) were omitted, and
in the opening words of regulation 85(3) (reduction of pension on return to HPSS employment) the words “or (c)” were omitted.
The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008 (S.R. (N.I.) 2008 No.256) have effect as if the following regulations were omitted—
regulation 50(2)(a) (abatement of pension following increase in pensionable pay), and
regulation 181(2)(a) (abatement of pension following increase in engagement in employment).
The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No.120) have effect as if regulation 85(3) (abatement of pension following continuation of employment) were omitted.
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the Criminal Justice Act 2003,
the Criminal Appeal Act 1968, and
the Criminal Justice Act 1988.
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the Crime and Disorder Act 1998,
the Extradition Act 2003,
the Police and Criminal Evidence Act 1984,
the Prosecution of Offences Act 1985, and
the Serious Organised Crime and Police Act 2005.
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the Courts Act 2003, and
the Tribunals, Courts and Enforcement Act 2007.
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Schedule 27 makes provision for, and in connection with, the use of live links in proceedings in courts and tribunals in Northern Ireland.
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This section applies to the poll for a relevant election or relevant referendum if the poll—
is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but
is not held in that period.
Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll.
Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll.
In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored.
This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 61 (power to postpone).
In this section—
The poll for the ordinary election of councillors for any local government area in England that would otherwise be held on the ordinary day of election in 2020 is to be held instead on the ordinary day of election in 2021.
Section 2
A councillor who would otherwise, pursuant to section 7 or 16 of the Local Government Act 1972 (elections of councillors), retire on the fourth day after the ordinary day of election in 2020 is instead to retire on the fourth day after the ordinary day of election in 2021; and the councillor's term of office is extended accordingly.
Section 3
A councillor who— is (notwithstanding section 7 or 16 of the Local Government Act 1972) to retire on the fourth day after the ordinary day of election in 2024; and the councillor's term of office is reduced accordingly.
is returned at an election the poll for which is held on the ordinary day of election in 2021, and
fills a vacancy arising as a result of the expiry of a term of office extended under subsection (2),
Section 4
In determining under section 7(3) or (9)(c) of the Local Government Act 1972 which councillors are to retire in accordance with that provision on the fourth day after the ordinary day of election in 2021, councillors who retire in accordance with subsection (2) of this section are to be ignored.
Section 5
In this Schedule “the 1976 Order” means the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)). In this Schedule references to Articles are to Articles of the 1976 Order. Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.
In Article 11, after paragraph (2) insert—
A worker is entitled to be absent from work on leave for the period specified in an emergency volunteering certificate if the condition in sub-paragraph (2) is met. The condition is that, no later than 3 working days before the first day of the period specified in the emergency volunteering certificate, the worker— An “emergency volunteering certificate” is a document issued by an appropriate authority certifying that the worker— The period specified in the certificate must be a period of— and must begin and end in the same volunteering period. A worker may not be absent from work under this paragraph more than once in each volunteering period. This paragraph is subject to paragraph 3 (exceptions). In this Schedule “emergency volunteering leave” means leave under this paragraph.
An employee who returns to work after a period of emergency volunteering leave is entitled to return from leave to the job in which they were employed before the absence. The right to return under this paragraph is a right to return—
References in this Schedule to sections are to sections of the Mental Health Act 1983 (“the 1983 Act”). Expressions used in this Schedule and in the 1983 Act have the same meaning as in that Act.
Any registered medical practitioner or approved clinician may furnish a report for the purposes of section 5(2) (detention of patient in hospital pending application for admission) if it appears to the practitioner or clinician that complying with the requirement under that provision for the report to be furnished by the practitioner or clinician in charge of the treatment of the patient is impractical or would involve undesirable delay. Section 5(2) (period for which patient can be detained following report by practitioner or clinician) has effect in relation to a patient detained after the beginning of any period for which this sub-paragraph has effect as if for “72 hours” there were substituted “120 hours”. Section 5(4) (period for which patient can be detained pending report by practitioner or clinician) has effect in relation to a patient detained after the beginning of any period for which this sub-paragraph has effect as if for “six hours” there were substituted “12 hours”.
A transfer direction may be given under section 47(1) or 48(1) (removal of prisoners to hospital) if the Secretary of State— and any other conditions for the exercise of the power are met.
is satisfied that complying with the requirement under that provision for reports from at least two registered medical practitioners is impractical or would involve undesirable delay, and
is satisfied of the matters mentioned in paragraphs (a) to (c) of that provision by a report from one registered medical practitioner,
Sections 135(3ZA) and 136(2A) (period of detention in a place of safety) and 136B (extension of detention) have effect in relation to a person detained after the beginning of any period for which this paragraph has effect as if for “24 hours” (in each place where it occurs) there were substituted “36 hours”.
Section 52G(4A)(b) (period for which assessment order may be extended: end point) has effect as if for the words “14 days” there were substituted “12 weeks”.
Article 7(2) (period for which patient can be detained following report by medical practitioner on staff of hospital) has effect in relation to any patient detained after the beginning of any period for which this sub-paragraph has effect as if for “48 hours” there were substituted “120 hours”. Article 7(3) (period for which patient can be detained pending report by medical practitioner on staff of hospital) has effect has effect in relation to any patient detained after the beginning of any period for which this sub-paragraph has effect as if for “6 hours” there were substituted “12 hours”.
A relevant medical practitioner may, during the period for which a patient is detained for assessment by virtue of Article 9(8) (as modified by paragraph 6(4)) (the “extended assessment period”)— if the practitioner considers that it would be impractical for an RQIA practitioner to carry out the examination of the patient and furnish the report of that examination under Article 12(1) during that period. For the purposes of sub-paragraph (1), sub-paragraphs (a) to (d) of Article 12(1) apply as if the reference in each to “his opinion” were a reference to the relevant medical practitioner’s opinion. I [full name and professional address of medical practitioner], a relevant medical practitioner in accordance with paragraph 8 of Schedule 10 to the Coronavirus Act 2020, examined this patient on [date]. Article 12(2) applies in relation to a report in reliance on this paragraph as it applies to a report under Article 12(1). A report by a relevant medical practitioner in reliance on sub-paragraph (1) must be accompanied by a written statement by the practitioner specifying that— Where, before the end of the extended assessment period— the report is sufficient authority for the responsible authority to detain the patient in hospital for treatment for a period not exceeding 28 days from the end of the extended assessment period, pending an examination of the patient by an RQIA practitioner. Where an RQIA practitioner examines the patient and furnishes a report of the examination under Article 12(1) before the end of the period of 28 days referred to in sub-paragraph (6), the report has the same effect as if the RQIA practitioner had examined the patient and furnished the report before the end of the extended assessment period. The responsible authority must immediately forward to RQIA a copy of any report furnished to it in reliance on this paragraph. In this paragraph, a “relevant medical practitioner” means a medical practitioner who—
A court may make an order under Article 57(5) (hospital order in respect of a detainee falling within Article 54(2)(a) in absence of detainee) if the court— and any other conditions for the making of the order are met.
is satisfied that complying with the requirement under Article 57(6) for the oral evidence of two RQIA practitioners is impractical or would involve undesirable delay, and
is satisfied on the evidence of a single RQIA practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners as referred to in sub-paragraph (a),
The Department of Health may designate a different hospital to that which it previously designated under— where the Department considers that the conditions in sub-paragraph (2) are met. Those conditions are— The power in sub-paragraph (1)(b) may be exercised on more than one occasion where the Department of Health considers that to be expedient. Where the Department of Health designates a hospital by virtue of sub-paragraph (1)—
Paragraph 6(1) of Schedule 2 (circumstances in which a person may make a report under paragraph 2 of Schedule 2 only if the person has consulted an approved social worker) has effect as if for “only if the person has consulted an approved social worker.” there were substituted only if— A person who in relation to the person’s proposal to make a report under paragraph 2 of Schedule 2— must inform P, and where practicable P’s nominated person, of those facts. A report by a person under paragraph 2 of Schedule 2 who has consulted in reliance on paragraph 6(1)(b) of that Schedule (as inserted by sub-paragraph (1)) must be accompanied by a written statement complying with sub-paragraphs (4) and (5). The statement must specify— The statement must contain a summary of the views (if any) expressed by P and P’s nominated person. In this paragraph a “relevant social worker” means a person (other than an approved social worker), who—
Section 146(1) (maximum period of detention of person removed from public place to place of safety under section 139) has effect in relation to a person detained after the beginning of any period for which this paragraph has effect as if for “24 hours” there were substituted “36 hours”.
A court may make an order, determination or direction under a provision listed in sub-paragraph (2) if the court— and any other conditions for the making of the order, determination or direction are met. Those provisions are—
The Department of Justice in Northern Ireland may give a direction under a provision listed in sub-paragraph (3) if the Department— and any other conditions for giving the direction are met. In sub-paragraph (1), “relevant medical practitioner” means a medical practitioner referred to in paragraph (a) or (b) (as the case may be) of section 212(4) or (as the case may be) 223(5). Those provisions are—
The relevant authority, having received an assessment notice, must inform the NHS body responsible for the patient—
Sub-paragraph (2) applies where— In determining for the purposes of any proceedings whether a local authority has complied with its duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors— In this paragraph “relevant assessment” means—
A local authority does not have to comply with any duties imposed by— (and accordingly section 20 of that Act (refusal of a needs assessment for an adult) does not apply).
section 19 of SSW(W)A 2014 (duty to assess the needs of an adult for care and support), or
any regulations made under section 30 of that Act, so far as relating to needs assessments under section 19;
If at any time the Scottish Ministers are of the view that— the Scottish Ministers may make a declaration to that effect. If, having made a declaration under this paragraph, the Scottish Ministers cease to be of the view referred to in sub-paragraph (1), they must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— The Scottish Ministers may make a declaration under this paragraph on more than one occasion. Before making or revoking a declaration under this paragraph the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or such other person as may be designated for the purposes of this paragraph by the Scottish Ministers.
Paragraphs 53 to 55 apply where, during a transmission control period— A public health officer may exercise a power conferred by paragraphs 53 to 55 only if the officer considers that it is necessary and proportionate to do so—
In the case of any carer who is an adult, a local authority does not have to comply with any duties imposed by— (and accordingly section 25 of that Act (refusal of a needs assessment for an adult carer) does not apply).
section 24 of SSW(W)A 2014 (duty to assess the needs of a carer for support), or
any regulations made under section 30 of that Act, so far as relating to needs assessments under section 24;
In this Part of this Schedule, “transmission control period” means a period which—
begins when a declaration is made under paragraph 25, and
ends when the declaration is revoked.
A public health officer may require the person referred to in paragraph 52 to remain at the place for screening and assessment purposes for a period not exceeding 48 hours. Where a public health officer requires a person to remain at a place under this paragraph, the officer must inform that person— A requirement imposed on a person under this paragraph may be enforced by a public health officer or a constable keeping the person at the place.
This paragraph applies in the case of any adult (including an adult who is a carer). A local authority does not have to comply with any duties imposed by— The English language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted— The Welsh language text of section 32 of SSW(W)A 2014 has effect as if in subsection (1) there were omitted—
A public health officer may— Requirements under sub-paragraph (1)(a) may in particular include requirements on a person— In sub-paragraph (2)(a)(ii) “healthcare professional” means— Requirements under sub-paragraph (1)(b) may in particular include requirements on a person—
Nothing in paragraph 20, 21 or 22 prevents a local authority from carrying out any assessment, or making any determination, it considers appropriate for the purposes of exercising its functions under section 35 or 40 of SSW(W)A 2014 (as modified by paragraphs 26 and 27 of this Schedule).
If a public health officer considers it appropriate for the purposes of screening or assessing the person, the officer may— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
Sub-paragraph (2) applies where— In determining for the purposes of any proceedings whether a local authority has complied with its duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors— In this paragraph “relevant assessment” means—
Where the powers in paragraph 50, 51 or 55 are exercised in relation to a person in a place so as to direct them to go to, or remove them to, another place, paragraphs 53 to 55 apply in relation to that person afresh in that other place.
In subsections (1) to (4)—
“local government area” has the same meaning as in the Representation of the People Act 1983 (see section 203(1) of that Act);
a reference to the ordinary day of election in a year is to the ordinary day of election of councillors in that year determined under section 37 of that Act (ordinary day of local elections in England).
Section 6
Section 7
Section 8
which is not listed in section 89(2) (provisions not subject to expiry), and
Paragraph 1 does not apply where the worker— Sub-paragraph (1)(h) does not apply in relation to Northern Ireland. In sub-paragraph (1)(i) the “relevant national authority” means—
In this Part of this Schedule “SSW(W)A 2014” means the Social Services and Well-being (Wales) Act 2014 (anaw 4). Expressions used in this Part of this Schedule and in SSW(W)A 2014 have the same meaning in this Part of this Schedule as in that Act.
Section 35 of SSW(W)A 2014 (duty to meet care and support needs of an adult) has effect as if subsection (3)(a) were omitted.
In the case of an adult, a local authority does not have to comply with any duties imposed by section 56 of SSW(W)A 2014 (portability of care and support).
A qualified informant who is required under the 1953 Act to give information about a death or still-birth to the registrar may give the information to the registrar— if the informant is unable to attend before the registrar in person. The duty of a qualified informant to sign the register in the presence of the registrar does not apply where information is provided in reliance on sub-paragraph (1). An entry in a register of deaths or a register of still-births for which, by virtue of sub-paragraph (2), no signature is required is to be treated as an entry signed by a qualified informant for the purposes of the 1953 Act. A person is to be treated as unable to give information for the purposes of sub-paragraph (1) if it would be impractical for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the registrar’s office or any other reason).
The principal 1987 Regulations have effect with the following modifications. Regulation 34(1) (registration of still-birth where no reference to the coroner) has effect as if— Regulation 41(1)(b)(ii) (reference to coroner) has effect as if— Regulation 42(1) (registration of death within 12 months where no report to coroner) has effect as if— Regulation 43(1) (registration of death where no inquest held) has effect as if “in the presence of a qualified informant” were omitted. Regulation 47(3) (registration of death after 12 months) has effect as if—
Article 15(7) (registrar receiving written notice of still-births) has effect as if—
for “accompanied by such a certificate” there were substituted “and a copy of such a certificate”;
for “person sending the notice” there were substituted “person who has control over, or who ordinarily effects the disposal of bodies at, any burial ground or other place at which it is intended to dispose of the body of a still-born child,”.
Section 40 of SSW(W)A 2014 (duty to meet support needs of an adult carer) has effect as if—
in the English language text, for subsection (3) there were substituted—, and
in the Welsh language text, for subsection (3) there were substituted—
This paragraph applies where— Section 56 of SSW(W)A 2014 has effect in the case of an adult with the modifications in sub-paragraphs (3) to (5). In subsection (1)— In subsection (2)— The reference in subsection (3) to the day the person moves to the area of a local authority is, in the case of an adult who moved to the area of a local authority during the emergency period, to be read as a reference to the day on which that period ended.
For the purpose of determining whether the duty imposed by section 35 or 40 of SSW(W)A 2014 applies to a local authority, any reference in that section to there being no charge under section 59 of that Act includes a reference to there being no charge because the authority has decided not to carry out an assessment under section 63(2) of that Act as a result of paragraph 25(1) above (but see paragraph 30 below). But the duty under section 35 or 40 of SSW(W)A 2014 does not apply to a local authority if— In sub-paragraph (2) “the relevant person” means— The following are relevant representatives for the purposes of sub-paragraph (3)(c)— In a case where the local authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer is a disabled child aged 16 or 17, the authority may disregard a request for the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be in the disabled child’s best interests. In a case where the local authority would be meeting the needs of a carer under section 40 of SSW(W)A 2014 and the person cared for by the carer is a disabled child aged under 16, the authority may disregard a request for the purposes of sub-paragraph (2)(b) if it is satisfied that it would not be consistent with the disabled child’s well-being.
In the case of any adult (including an adult who is a carer), a local authority does not have to comply with any duties imposed by regulations under section 57 of SSW(W)A 2014 (cases where a person expresses preference for particular accommodation).
The Employment Rights Act 1996 (“the 1996 Act”) has effect in accordance with this Part of this Schedule.
The 1996 Act has effect as if after section 47G there were inserted—
The 1996 Act has effect as if in section 48 (complaints to employment tribunals)—
after subsection (1B) there were inserted—;
in subsection (2), for “or (1B)” there were substituted “, (1B) or (1C)”.
The 1996 Act has effect as if in section 49 (remedies)—
in subsection (1), for “or (1B)” there were substituted “, (1B) or (1C)”;
after subsection (7) there were inserted—
The 1996 Act has effect as if in section 88 (pay during period of notice: employments with normal working hours), in subsection (1)(c), after “paternity leave” there were inserted “or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020”.
The 1996 Act has effect as if in section 89 (pay during period of notice: employments without normal working hours), in subsection (3)(b), after “paternity leave” there were inserted “or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020”.
The 1996 Act has effect as if after section 104G there were inserted—
The 1996 Act has effect as if in section 105 (redundancy), after subsection (7BB) there were inserted—
The 1996 Act has effect as if in section 108(3) (exceptions to qualifying period of employment for unfair dismissal), after paragraph (gm) there were inserted—.
The 1996 Act has effect as if in section 124(1A) (exceptions to limits on compensation), after “103A,” there were inserted “104H,”.
The 1996 Act has effect as if in section 203(1)(a) (restrictions on contracting out), after “this Act” there were inserted “or Schedule 7 to the Coronavirus Act 2020”.
The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (“the 1996 Order”) has effect in accordance with this Part of this Schedule.
The 1996 Order has effect as if after Article 70F there were inserted—
The 1996 Order has effect as if in Article 71 (complaints to industrial tribunals)—
after paragraph (1B) there were inserted—;
in paragraph (2), for “or (1B)” there were substituted “, (1B) or (1C)”.
The 1996 Order has effect as if in Article 72 (remedies)—
in paragraph (1), for “or (1B)” there were substituted “, (1B) or (1C)”;
after paragraph (7) there were inserted—
The 1996 Order has effect as if in Article 120 (pay during period of notice: employments with normal working hours), in paragraph (1)(c), after “paternity leave” there were inserted “or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020”.
The 1996 Order has effect as if in Article 121 (pay during period of notice: employments without normal working hours), in paragraph (3)(b), after “paternity leave” there were inserted “or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020”.
The 1996 Order has effect as if after Article 135F there were inserted—
The 1996 Order has effect as if in Article 137 (redundancy)—
in paragraph (1)(c), for “(7M)” there were substituted “(7N)”;
after paragraph (7M) there were inserted—
The 1996 Order has effect as if in Article 140(3) (exceptions to qualifying period of employment for unfair dismissal), after sub-paragraph (fk) there were inserted—.
The 1996 Order has effect as if in Article 158(1A) (exceptions to limits on compensation), after “135F,” there were inserted “135G,”.
The 1996 Order has effect as if in Article 245(1)(a) (restrictions on contracting out), after “this Order” there were inserted “or Schedule 7 to the Coronavirus Act 2020”.
Section 10
Paragraph 4(2) or (3), 8(3) or 10 continues to apply after the end of a period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
Where, by virtue of paragraph 5, a person has been remanded under section 35(7) or 36(6) for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.
Paragraph 8(1) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2). The constable or other person whose duty is modified by that provision must in any event convey the person concerned to the requisite hospital within the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends.
Paragraph 11(3) to (6) continues to apply after the end of a period for which it has effect in relation to proceedings that are, when the period ends, before a constitution of the Mental Health Review Tribunal for Wales appointed under sub-paragraph (2) of that paragraph.
Paragraph 12 continues to apply after the end of a period for which it has effect in relation to any application or reference with respect to which, when the period ends, a decision to dispense with a hearing has been notified by the Mental Health Review Tribunal for Wales under sub-paragraph (3) of that paragraph and remains current
Paragraph 13 continues to apply after the end of a period for which it has effect in relation to any nomination of a temporary deputy that is in force when the period ends.
Section 10
Section 10
Paragraph 5, 6, 7 or 13(3) continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
Where, by virtue of paragraph 9, a person has been remanded under Article 42 or 43 for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.
Paragraph 13(1) or 14(4) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2). The constable or other person whose duty is modified by paragraph 13(1) or 14(4) (as the case may be) must in any event convey the person concerned to the requisite hospital before— whichever is later.
Each HSC trust must maintain a record of each instance where— The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance— was appropriate. The HSC trust must send the report under sub-paragraph (2) to the Department of Health no later than 56 days after the end of a period for which the paragraph of this Schedule in question has effect.
Section 10
an enactment comprised in an Act or Measure of the National Assembly for Wales;
Where any form prescribed for use in connection with a provision of the 2016 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—
may, in connection with the provision as so modified, be used with appropriate amendments,
is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
In this Part of this Schedule— Expressions used in this Part of this Schedule and in the 2011 Act have the same meanings as in that Act.
This paragraph applies to any review of a medical certificate of cause of death, other than one falling within paragraph 5— The medical reviewer or, as the case may be, senior medical reviewer must—
This Part of this Schedule applies at any time the Scottish Ministers are of the view that—
the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health, and
the exercise of powers conferred by this Part of this Schedule will be an effective means of expediting the disposal of bodies and better utilise resources.
This paragraph applies where— The cremation authority or, as the case may be, funeral director must retain the ashes until—
In relation to a period during which a temporary closure direction under paragraph 1 has effect in relation to a school— In relation to a period during which a temporary closure direction has effect in relation to a registered childcare provider— In relation to a period during which a temporary closure direction has effect under paragraph 2(2)— In this paragraph—
The Scottish Ministers may give a direction under this paragraph (an “educational closure direction”) that applies to— An educational closure direction is a direction that requires a relevant operator of an educational establishment to take reasonable steps to restrict access to the establishment for a specified period. An educational closure direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that it would be attributable to the direction. An educational closure direction may— In this paragraph— In this paragraph, “relevant operator”— Where out of school care is provided by a person in a school, “relevant operator” also includes such a person. Where school education, early learning and childcare or out of school care is provided by a person in premises other than a school— Where early learning and childcare or out of school care is provided by a person acting as a child minder (within the meaning of paragraph 12 of schedule 12 of the Public Services Reform (Scotland) Act 2010) (asp 8) in premises used mainly as a private dwelling, an educational closure direction may only apply to the part of the premises in which such care is provided.
The Scottish Ministers may give a direction under this paragraph (a “student accommodation closure direction”) that applies to— A student accommodation closure direction is a direction that— A student accommodation closure direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that it would be attributable to the direction. A student accommodation closure direction may— In this paragraph—
The Department may give a temporary closure direction that applies to— A temporary closure direction under this paragraph is a direction that requires any person to whom it applies to take reasonable steps to secure that persons do not, for a specified period, attend the premises with respect to which the person is registered, for purposes connected with the provision of child minding or day care. Before giving a direction under this paragraph, the Department— A temporary closure direction under this paragraph, may— Subject to sub-paragraph (6), the Department must publish a temporary closure direction under this paragraph. Where a direction relates to a person specified by name— A temporary closure direction under this paragraph has effect until the earlier of— A person registered under Article 118 of the 1995 Order must have regard to any guidance given by the Department about how to comply with a temporary closure direction under this paragraph. The duty of a person registered under Article 118 of the 1995 Order to comply with a direction under this paragraph is enforceable against that person by the Department making an application to the High Court or a county court for an injunction. An application under sub-paragraph (9) may be made without notice being given to the registered person. There is no breach of a duty under the following Articles to the extent that a failure to satisfy the terms of the duty is attributable to a temporary closure direction under this paragraph— In this paragraph—
The Department may give a temporary continuity direction that applies to— A temporary continuity direction under this paragraph is a direction that requires the Education Authority, or the managers of the school or schools to which it applies, to take steps specified in the direction in connection with the provision, for a specified period, of education or services relating to education. Before giving a temporary continuity direction under this paragraph— A temporary continuity direction under this paragraph may— Subject to sub-paragraph (6), the Department must publish a temporary continuity direction under this paragraph. Where a direction relates to a person specified by name— The Education Authority, or (as the case may be) the managers of a school or schools to which a temporary continuity direction under this paragraph applies, must have regard to any guidance given by the Department about how to comply with such a direction. The duty of the Education Authority or the managers of a school to comply with a temporary continuity direction under this paragraph is enforceable, by the Department making an application to the High Court or a county court for an injunction. An application under sub-paragraph (8) may be made without notice being given to the Education Authority or (as the case may be) the managers of the school. Where a temporary continuity direction under this paragraph applies to a school, there is no breach of the following provisions to the extent that a breach is attributable to the direction— In this paragraph—
Paragraphs 9 to 11 apply where, during a transmission control period— A public health officer may exercise a power conferred by paragraphs 9 to 11 only if the officer considers that it is necessary and proportionate to do so—
This paragraph applies where, during a transmission control period— The immigration officer or constable may, subject to sub-paragraphs (3) to (6), keep the person at that place until such time as a public health officer can exercise the functions under paragraphs 30 to 32 in relation to that person. A person may not under sub-paragraph (2) be kept— If before the end of the period referred to in sub-paragraph (3)(a) or (b) the immigration officer or constable considers that it is necessary to extend the period because it is not reasonably practicable for a public health officer to exercise the functions under paragraphs 30 to 32 before the end of that period, the officer or constable may, with the consent of a relevant officer, extend the period for a further— In sub-paragraph (4) “relevant officer” means— An immigration officer or constable may keep a person under this paragraph only if they consider it is necessary and proportionate to do so— Where an immigration officer or constable keeps a person at a place under this paragraph, they must inform that person— An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.
A direction, instruction, requirement or restriction under this Part of this Schedule may be given or imposed orally or in writing. But where a requirement or restriction under paragraph 35 is given to a person orally by a public health officer, the public health officer must as soon as reasonably practicable thereafter give the person a notice setting it out in writing.
When the transmission control period during which a power conferred by this Part of this Schedule is exercised comes to an end, any requirement or restriction imposed under the power ceases to have effect in respect of times after the end of the period.
The chief constable of the Police Service of Scotland may authorise a police custody and security officer (see section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8)) to exercise the powers conferred on a constable by this Part of this Schedule. Accordingly references to a constable in this Part of this Schedule include a police custody and security officer so authorised.
The Courts Act 2003 has effect as if after section 85 there were inserted—
The Department may give a temporary continuity direction that applies to— A temporary continuity direction under this paragraph is a direction that requires the governing body of the relevant institution to which it applies to take steps specified in the direction in connection with the provision, for a specified period, of further or higher education or services relating to further or higher education. Before giving a temporary continuity direction under this paragraph— A temporary continuity direction under this paragraph may— Subject to sub-paragraph (6), the Department must publish a temporary continuity direction under this paragraph. Where a direction relates to a person specified by name— The governing body of an institution to which a temporary continuity direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction. The duty of the governing body of an institution to comply with a temporary continuity direction under this paragraph is enforceable by the Department making an application to the High Court or a county court for an injunction. An application under sub-paragraph (8) may be made without notice being given to the governing body of the institution. In this paragraph—
A public health officer may require the person referred to in paragraph 8 to remain at the place for screening and assessment purposes for a period not exceeding 48 hours. Where a public health officer requires a person to remain at a place under this paragraph, the officer must inform that person— A requirement imposed on a person under this paragraph may be enforced by a public health officer or a constable keeping the person at the place.
The Department may give a temporary continuity direction that applies to— A temporary continuity direction under this paragraph is a direction that requires any person to whom it applies to take steps specified in the direction in connection with the provision, for a specified period, of child minding or day care or services relating to child minding or day care. Before giving a temporary continuity direction under this paragraph— A temporary continuity direction under this paragraph may— The references in sub-paragraph (4)(b) to providing services are to the provision of child minding or day care. Subject to sub-paragraph (7), the Department must publish a temporary continuity direction under this paragraph. Where a direction relates to a person specified by name— A person to whom a temporary continuity direction under this paragraph applies must have regard to any guidance given by the Department about how to comply with that direction. The duty of a person registered under Article 118 of the 1995 Order to comply with a temporary continuity direction under this paragraph is enforceable by the Department making an application to the High Court or a county court for an injunction. An application under sub-paragraph (9) may be made without notice being given to the registered person. In this paragraph—
A public health officer may— Requirements under sub-paragraph (1)(a) may in particular include requirements on a person— In sub-paragraph (2)(a)(ii) “healthcare professional” means — Requirements under sub-paragraph (1)(b) may in particular include requirements on a person—
If a public health officer considers it appropriate for the purposes of screening or assessing the person, the officer may— Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
Where the powers in paragraph 6, 7 or 11 are exercised in relation to a person in a place so as to direct them to go to, or remove them to, another place, paragraphs 9 to 11 apply in relation to that person afresh in that other place.
Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
Where, by virtue of paragraph 12 an accused person has been remanded under section 162 for more than 12 weeks in total, the person may not be further remanded under that provision after the end of any period for which that paragraph has effect.
Each HSC trust must maintain a record of each instance where a panel operates in reliance on paragraph 5 or 9. The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance on paragraph 5 or 9 was appropriate. The HSC trust must send the report under sub-paragraph (2) to the Department of Health in Northern Ireland no later than 3 months after the end of a period for which the paragraph of this Schedule in question has effect.
Section 15
Section 18
Section 20
Section 28
Section 37
Section 38
Section 48 The Public Health Act (Northern Ireland) 1967 has effect as if after Part 1 there were inserted—
Section 49
Section 50
Section 51
Section 52
Section 53
Section 54
The Extradition Act 2003 has effect as if amended in accordance with this Part of this Schedule.
Section 206A has effect as if amended as follows. In the heading, “certain” were omitted. In subsection (1)— In subsection (2)— For subsection (3) there were substituted— Subsection (5) were omitted. For subsection (6) there were substituted—
Section 206C has effect as if amended as follows. Subsection (5) were omitted. In subsection (6)—
Section 55
Section 56 The Magistrates’ Courts Act 1980 has effect as if after section 57 there were inserted—
Section 57
The Judicature (Northern Ireland) Act 1978 has effect as if after section 102 there were inserted—
The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) has effect as if in Part 7 after Article 76 there were inserted—
Section 58
A local authority may require a person to provide information for the purposes of ascertaining the capacity within its area to deal with the transportation, storage or disposal of dead bodies or other human remains. A requirement under sub-paragraph (1) must be in writing and must specify— It is an offence for a person— A local authority or other person who holds information which has at any time been provided under sub-paragraph (1)— It is an offence for a person who holds information which has at any time been provided under sub-paragraph (1) to use or disclose it otherwise than as authorised by sub-paragraph (4). A person guilty of an offence under this paragraph is liable on summary conviction—
The appropriate national authority may require a local authority to provide information for the purposes of ascertaining the capacity nationally, or within a particular area, to deal with the transportation, storage or disposal of dead bodies or other human remains. A requirement under sub-paragraph (1) must be in writing and must specify— A local authority must comply with a requirement under sub-paragraph (1). The appropriate national authority or any other person who holds information which has at any time been provided under sub-paragraph (1)— It is an offence for a person who holds information which has at any time been provided under sub-paragraph (1) to use or disclose it otherwise than as authorised by sub-paragraph (4). A person guilty of an offence under this paragraph is liable on summary conviction—
A duty or power to disclose information under this Part of this Schedule does not operate to require or authorise the disclosure of information which— In this paragraph “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
This paragraph applies if the appropriate national authority considers that a local authority— The appropriate national authority may give the local authority directions as to the exercise of its functions in connection with any of those matters. A direction under this paragraph must be given in writing. The power to give directions under this paragraph includes power to vary or revoke the directions. A local authority must comply with a direction under this paragraph.
In carrying out functions under this Schedule, local authorities and the appropriate national authorities must have regard to the desirability of disposing of a dead person’s body or other remains— In carrying out functions under the legislation listed in sub-paragraph (3), designated local authorities must have regard to the desirability of disposing of a dead person’s body or other remains— The legislation is— The following do not apply to a designated local authority— The appropriate national authority must give guidance as to the discharge by local authorities of duties under this paragraph. Local authorities must have regard to any guidance given under sub-paragraph (5). In this paragraph “designated local authority” means a local authority for the time being designated under paragraph 4.
In this Schedule—
Section 81
“authorised person” means a person authorised by the appropriate authority;
The poll for the election of any elected mayor that would otherwise, pursuant to regulations under section 9HB of the Local Government Act 2000 (time of elections etc), be held on 7 May 2020 is to be held instead on 6 May 2021.
In this Part of this Schedule “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965. Expressions used in this Part of this Schedule and in the 1965 Act have the same meaning as in that Act.
Any relevant document may be given or delivered by any electronic or other means specified in guidance issued by the Registrar General. “Relevant document” means a document relating to a death or still-birth that is required or permitted by or under the 1965 Act.
The Scottish Ministers may give a direction under this paragraph (an “educational continuity direction”) that applies to— An educational continuity direction is a direction relating to the continuing operation of an educational establishment for a specified period. An educational continuity direction may provide that any failure to comply with a duty or time limit imposed under any enactment or rule of law relating to education is to be disregarded to the extent that it would be attributable to the direction. An educational continuity direction may— In this paragraph— In this paragraph, “relevant operator”— Where out of school care is provided by a person in a school, “relevant operator” also includes such a person. Where school education, early learning and childcare or out of school care is provided by a person in premises other than a school— Where early learning and childcare or out of school care is provided by a person acting as a child minder (within the meaning of paragraph 12 of Schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)) in premises used mainly as a private dwelling, an educational continuity direction may only apply to the part of the premises in which such care is provided.
If at any time the Welsh Ministers are of the view that— the Welsh Ministers may make a declaration to that effect. If, having made a declaration under this paragraph, the Welsh Ministers cease to be of the view referred to in sub-paragraph (1), they must revoke the declaration. A declaration or the revocation of a declaration under this paragraph— The Welsh Ministers may make a declaration under this paragraph on more than one occasion. Before making or revoking a declaration under this paragraph the Welsh Ministers must consult the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Health and Social Services Directorate in Wales.
The postponement under subsection (8) of an election is to be ignored in determining the years in which subsequent elections of elected mayors are to be held.
In this Part of this Schedule, “transmission control period” means a period which—
begins when a declaration is made under paragraph 48, and
ends when the declaration is revoked.
The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide—
that the poll for a relevant election or a relevant referendum is to be held on such date, or within such period, as is specified in the regulations;
that polls for relevant elections or relevant referendums that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations.
For the purposes of this section an election or referendum is “relevant” if—
the date of the poll for the election or the referendum falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and
subsection (3) or (4) applies to it.
This subsection applies to—
an election of a councillor for any local government area in England to fill a casual vacancy;
a local election in Northern Ireland to fill a casual vacancy;
an election to fill a casual vacancy in respect of a constituency member of the Greater London Assembly;
an election to fill a vacancy in the office of the Mayor of London;
an election to fill a casual vacancy in the office of an elected mayor under Part 1A of the Local Government Act 2000;
an election to fill a vacancy in the office of a mayor for the area of a combined authority under Part 6 of the Local Democracy, Economic Development and Construction Act 2009;
an election to fill a vacancy in the office of a police and crime commissioner for a police area.
This subsection applies to—
a poll under section 116 of the Local Government Act 2003 (local polls);
a referendum under section 9MB of the Local Government Act 2000 (referendums on governance arrangements);
a referendum by virtue of section 9MC of the Local Government Act 2000 (referendums following petition);
a referendum under section 52ZG or 52ZN of the Local Government Finance Act 1992 (referendums in relation to council tax);
a referendum under or by virtue of Schedule 4B to the Town and Country Planning Act 1990 (referendums on neighbourhood development plans).
Regulations under subsection (1) must not specify—
a date later than 6 May 2021, or
a period ending later than 6 May 2021.
The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election or relevant referendum.
Regulations under subsection (1) may make provision by reference to relevant elections or relevant referendums of a description specified in the regulations (for example, by reference to the nature, date or location of the elections or referendums).
The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment. In this subsection “enactment” has the same meaning as in section 92.
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
In relation to a Speaker's notice received by a petition officer in the period beginning with the day on which this Act is passed and ending with 21 April 2021, section 7 of the 2015 Act (where and from when a recall petition may be signed) has effect as if for subsection (4) there were substituted—
The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, provide that the designated day for a relevant recall petition is postponed until a date specified in the regulations.
For the purposes of this section a recall petition is “relevant” if the day designated in relation to it under section 7(1)(b) of the 2015 Act (date from which petition may be signed) falls within the period beginning with the day on which this Act is passed and ending with 5 May 2021.
The date specified in regulations under subsection (2) must be no later than 6 May 2021.
The power to make regulations under subsection (2) may be exercised more than once in respect of any relevant recall petition.
A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
The Secretary of State or the Minister for the Cabinet Office may, by regulations made by statutory instrument, make consequential, supplementary, incidental, transitional or saving provision in connection with sections 60 to 62 or regulations made under them.
Regulations under subsection (1) may, in particular, make provision about—
acts or omissions in connection with an election, referendum or recall petition prior to its postponement (including provision disapplying any enactment imposing criminal liability in respect of such acts or omissions);
things that have yet to be done in connection with an election, referendum or recall petition prior to its postponement;
the conduct of elections, referendums or recall petitions that have been postponed or steps to be taken in respect of such elections, referendums or recall petitions;
the manner of voting in elections or referendums, or of signing of recall petitions, that have been postponed;
the terms of office of incumbent office-holders or those elected at a postponed election;
the nomination of candidates;
expenses incurred in relation to elections or referendums by persons other than local authorities (including the expenses of candidates);
compensation for local authorities or candidates incurring additional expenditure as a result of this Act;
the membership or governance arrangements of a local authority in relation to which an order has been made under section 7 of the Local Government and Public Involvement in Health Act 2007 (implementation of structural changes proposals), the membership or governance arrangements of any shadow authority established under such an order, or any other matter dealt with in such an order.
Regulations under subsection (1) may make retrospective provision, including provision having effect in relation to times before the coming into force of this Act.
The power to make regulations under subsection (1) is capable of being exercised so as to amend, repeal or revoke any enactment. In this subsection “enactment” has the same meaning as in section 92.
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 10ZA of the Representation of the People Act 1983 (Northern Ireland: timing of the canvass) is amended in accordance with subsections (2) and (3).
In subsection (1)—
after paragraph (a) insert—;
in paragraph (b), for “2010” substitute “ 2030 ”.
In subsection (4)—
omit paragraph (b) (including the “and” at the end);
after paragraph (c) insert—
Subsection (5) applies if, at any time during the relevant period, Article 7(2) of the 2001 Order requires the Chief Electoral Officer for Northern Ireland to set a date as the date of the poll for an Assembly by-election.
Before setting the date, the Chief Electoral Officer must consult the Secretary of State.
In subsection (4)—
“relevant temporary provision” means any provision of this Act—
A provision of this Part of this Schedule that provides that a local authority does not have to comply with a relevant duty, or modifies a relevant duty of a local authority, applies in relation to duties arising before the commencement day as it applies in relation to duties arising on or after that day. In sub-paragraph (1)—
A funeral director is qualified for the purposes of section 16 or 17 of the 1953 Act to give information concerning the death of a person if the funeral director— Section 36 of the 1953 Act (penalties for failure to give information) does not apply to a funeral director who provides information in reliance on sub-paragraph (1).
Any relevant document may be delivered by any electronic or other means specified in guidance issued by the Registrar General. “Relevant document” means—
Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.
Regulations under paragraph 1(1) may not include provision imposing a restriction or requirement by virtue of sub-paragraph (3)(c) of that paragraph unless the Scottish Ministers consider, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. Regulations under paragraph 1(1) may not include provision enabling the imposition of a restriction or requirement by virtue of sub-paragraph (3)(c) of that paragraph unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it. Regulations under paragraph 1(1) may not include provision imposing a special restriction or requirement mentioned in paragraph 4(2)(a), (b), (c) or (d). Regulations under paragraph 1(1) may not include provision enabling the imposition of a special restriction or requirement unless— For the purposes of this paragraph—
This paragraph makes further provision about regulations under paragraph 1(1). The regulations may— The regulations may also make— The maximum penalties that may be imposed in relation to offences created under the regulations are— The regulations must provide for a right of appeal to the sheriff against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises. Regulations that enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations must also provide that, if the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period, a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations. In relation to a special restriction or requirement mentioned in paragraph 4(2)(c) or (d)— For the purposes of this paragraph “specified” means specified in the regulations.
The suspension period specified in a direction under paragraph 1(1) may be no longer than six hours, subject as follows. If after giving a direction under paragraph 1(1) the Secretary of State considers that there is or will be a risk of the kind referred to in paragraph 1(2)(a) if the suspension period is not extended, the Secretary of State may before the expiry of the period extend it by notice in writing to the operator (and may do so more than once). The first notice under sub-paragraph (2) in relation to a suspension period may not extend the period for more than six hours from the time at which it would otherwise expire. A second or subsequent notice under sub-paragraph (2) in relation to a suspension period may not extend the period for more than twelve hours from the time at which it would otherwise expire.
The Welsh Ministers may, for the purpose of— issue a direction prohibiting, or imposing requirements or restrictions in relation to, the holding of an event or gathering in Wales. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. A direction under sub-paragraph (1) may, among other things, impose requirements about informing persons who may be planning to attend an event or gathering of its prohibition or any requirements or restrictions imposed in relation to the holding of it. For the purposes of sub-paragraph (2), events or gatherings may be described— The reference in sub-paragraph (3)(c) to a person involved in the holding of an event or gathering does not include a person whose only involvement in the event or gathering is, or would be, by attendance at the event or gathering.
Before issuing a direction under this Part of this Schedule, the Welsh Ministers must have regard to any relevant advice given to the Welsh Ministers by— Where a direction imposes prohibitions, requirements or restrictions on a person specified by name, the direction— In any other case, the direction must be published in such manner as the Welsh Ministers consider appropriate to bring it to the attention of persons who may be affected by it. Where the Welsh Ministers vary or revoke a direction which imposes prohibitions, requirements or restrictions on a person specified by name, notice of the variation or revocation— Where the Welsh Ministers vary or revoke any other direction, notice of the variation or revocation must be published in such manner as the Welsh Ministers consider appropriate to bring it to the attention of persons who may be affected by the variation or revocation. In this paragraph “Public Health Wales” means the Public Health Wales National Health Service Trust as established by the Public Health Wales National Health Service Trust (Establishment Order) 2009 (S.I. 2009/2058 (W.177)).
The Welsh Ministers may pay compensation in connection with the issuing of a direction under this Part of this Schedule. The power conferred by sub-paragraph (1) does not affect any other power to pay compensation.
This paragraph applies where, during any period for which paragraph 5 has effect, a person delivers a relevant document in reliance on that paragraph. The person must give, deliver or send the document in accordance with the applicable legislation as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends. The Registrar General may give a direction— A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case. A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph. A registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case— In this paragraph—
This section applies to the poll for a relevant election if the poll—
is required to be held on a day falling within the period beginning with 16 March 2020 and ending with the day 30 days after that on which this Act is passed, but
is not held in that period.
Section 39 of the 1983 Act (local elections void etc) does not apply, and is treated as never having applied, in relation to the poll.
Section 63 of that Act (breach of official duty) does not apply, and is treated as never having applied, in relation to any act or omission in connection with the poll.
In determining for the purpose of this section whether a poll has been held, postal votes are to be ignored.
This section does not affect the application of section 39 or 63 of the 1983 Act in relation to a poll the date for which is determined by virtue of section 67 (power to postpone).
In this section—
This section applies where under section 10 of the Government of Wales Act 2006 (“the 2006 Act”), an election is to be held to fill a vacant seat of a constituency member (“the election”).
The Presiding Officer may, where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 10(5) or (6) of the 2006 Act).
The Presiding Officer must fix a date under subsection (2) for the poll for the election to be held as soon as reasonably practicable.
The power under subsection (2)—
may be exercised more than once,
may not be exercised so as to fix a date for the poll for the election that is within the period mentioned in 10(7) of the 2006 Act, and
may not be exercised so as to fix a date after 6 May 2021.
Before exercising the power under subsection (2), the Presiding Officer must consult the Welsh Ministers.
The Welsh Ministers may, by regulations made by statutory instrument, provide—
that the poll for a relevant election is to be held on such date, or within such period, as is specified in the regulations;
that polls for relevant elections that would otherwise be required to be held on dates that fall within a period specified in the regulations are instead to be held on such later date, or within such period, as is specified in the regulations.
For the purposes of this section an election is “relevant” if—
the date of the poll for the election falls within the period beginning with 16 March 2020 and ending with 5 May 2021, and
it is an election to fill a casual vacancy in the office of councillor in a county council, county borough council or community council in Wales.
Regulations under subsection (1) must not specify—
a date later than 6 May 2021, or
a period ending later than 6 May 2021.
The power to make regulations under subsection (1) may be exercised more than once in respect of any relevant election.
Regulations under subsection (1) may make provision by reference to relevant elections of a description specified in the regulations (for example, by reference to the nature, date or location of the elections).
The power to make regulations under subsection (1) is capable of being exercised so as to amend or repeal a provision of an Act of Parliament or of an Act or Measure of the National Assembly for Wales.
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
The Welsh Ministers may, by regulations made by statutory instrument, make consequential, supplementary, incidental, transitional or saving provision in connection with section 66 or regulations made under section 67.
Regulations under subsection (1) may, in particular, make provision about—
acts or omissions in connection with an election prior to its postponement (including provision disapplying any enactment imposing criminal liability in respect of such acts or omissions);
things that have yet to be done in connection with an election prior to its postponement;
the conduct of elections that have been postponed or steps to be taken in respect of such elections;
the manner of voting in elections that have been postponed;
the terms of office of incumbent office-holders or those elected at a postponed election;
the nomination of candidates;
expenses incurred in relation to elections by persons other than local authorities (including the expenses of candidates);
compensation for local authorities or candidates incurring additional expenditure as a result of the Act.
Regulations under subsection (1) may make retrospective provision, including provision having effect in relation to times before the coming into force of this Act.
The power to make regulations under subsection (1) is capable of being exercised so as to amend or repeal a provision of an Act of Parliament or of an Act or Measure of the National Assembly for Wales.
A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
This section applies where under section 9 of the Scotland Act 1998 (“the 1998 Act”), an election is to be held to fill a vacant seat of a constituency member (“the election”).
The Presiding Officer may—
where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 9(3) of the 1998 Act), or
where no such date has been fixed, fix a date for the poll that is outwith that period.
The Presiding Officer must fix a date under subsection (2) for the poll at the election to be held as soon as reasonably practicable.
The Presiding Officer must notify the constituency returning officer for the election of the date fixed for the poll under subsection (2) in the same manner as if it had been fixed under section 9 of the 1998 Act.
The power under subsection (2)—
may be exercised more than once,
may not be exercised so as to fix a date for the poll at the election that is within the period mentioned in section 9(4) of the 1998 Act, and
may not be exercised so as to fix a date after 6 May 2021.
Before exercising the power under subsection (2), the Presiding Officer must consult—
the Scottish Ministers, and
the convener of the Electoral Management Board for Scotland.
Subsection (8) applies where—
notice of the date for the poll for the election has been published under Part 1 of Schedule 2 to the Scottish Parliament (Elections etc.) Order 2015 (S.S.I. 2015/425) (“the 2015 Order”), and
under subsection (2)(a), the Presiding Officer fixes a later date for the poll (“the new date”).
The constituency returning officer must—
publish a notice stating that the date has changed, and
comply with the requirements of Part 1 of Schedule 2 to the 2015 Order as if the new date had just been fixed under section 9 of the 1998 Act.
In this section “constituency returning officer” has the same meaning as in the 2015 Order.
This section applies where under section 37 of the Local Government (Scotland) Act 1973 (“the 1973 Act”), an election is to be held to fill a casual vacancy in the office of councillor in a local authority (“the election”).
The returning officer may—
where a date has been fixed for the poll for the election, fix a later date (which may be outwith the period required under section 37(1) of the 1973 Act), or
where no such date has been fixed, fix a date for the poll that is outwith that period.
The returning officer must fix a date under subsection (2) for the poll at the election to be held as soon as reasonably practicable.
The power under subsection (2)—
may be exercised more than once,
may not be exercised so as to fix a date for the poll at the election that is within the period mentioned in subsection (2) of section 37 of the 1973 Act, unless the holding of the election within that period is permitted under that subsection, and
may not be exercised so as to fix a date after 6 May 2021.
Before exercising the power under subsection (2), the returning officer must consult—
the Scottish Ministers, and
the convener of the Electoral Management Board for Scotland.
Subsection (7) applies where—
notice of the date for the poll for the election has been published under Part 1 of Schedule 1 to the Scottish Local Government Elections Order 2011 (S.S.I. 2011/399) (“the 2011 Order”), and
under subsection (2)(a), the returning officer fixes a later date for the poll (“the new date”).
The returning officer must—
publish a notice stating that the date has changed, and
comply with the requirements of Part 1 of Schedule 1 to the 2011 Order as if the new date had just been fixed under section 37 of the 1973 Act.
In this section—
an enactment comprised in Northern Ireland legislation;
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Section 1 of the Treasury Instruments (Signature) Act 1849 (instruments etc required to be signed by the Commissioners of the Treasury) has effect as if the reference to two or more of the Commissioners of Her Majesty’s Treasury were to one or more of the Commissioners.
For the purposes of that reference, a Minister of the Crown in the Treasury who is not a Commissioner of Her Majesty’s Treasury is to be treated as if the Minister were a Commissioner of Her Majesty’s Treasury.
This section applies to an order made under section 143 of the Social Security Administration Act 1992 (power to alter contributions) if—
it is made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed, and
it does not increase a figure referred to in section 143(1) or (3) of that Act above the figure that would apply on 6 April 2020, ignoring the effect of any order made under section 143 or 145 of that Act on or after 19 March 2020.
Section 143(1) of that Act has effect in relation to an order to which this section applies as if the words from “with a view” to “future period” were omitted.
Section 143(4)(a) of that Act (no increase above 0.25%) does not apply to an order to which this section applies.
Section 144 of that Act (requirement to lay report and orders not to have effect before next tax year) does not apply to an order to which this section applies.
Section 190(1) of that Act (affirmative procedure for certain orders) does not apply in relation to an order to which this section applies (and accordingly such an order is subject to annulment in pursuance of a resolution of either House of Parliament).
This section applies to an order made under section 145 of the Social Security Administration Act 1992 (power to alter primary and secondary contributions) if—
it is made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed, and
it does not increase a rate or figure referred to in section 145(1), (2) or (4) of that Act above the rate or figure that would apply on 6 April 2020, ignoring the effect of any order made under section 143 or 145 of that Act on or after 19 March 2020.
Section 145(3) of that Act (no increase above 0.25%) does not apply to an order to which this section applies.
Subsections (2) to (5) of section 147 of that Act (requirement to lay report and coming into force and effect of order) do not apply to an order to which this section applies.
Section 190(1) of that Act (affirmative procedure for certain orders) does not apply in relation to an order to which this section applies (and accordingly such an order is subject to annulment in pursuance of a resolution of either House of Parliament).
This section applies to regulations under section 5 of the National Insurance Contributions Act 2014 (power to amend the employment allowance provisions) made on or after 19 March 2020 and before the end of the period of 2 years beginning with the day on which this Act is passed.
Section 5(5) to (9) of that Act (Parliamentary procedure) does not apply to such regulations but a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
But subsection (2) does not apply to regulations falling within section 5(1)(a) of that Act which decrease a person's employment allowance for a tax year below £4,000 (accordingly, section 5(5) of that Act continues to apply to a statutory instrument containing such regulations).
Financial assistance provided under section 8 of the Industrial Development Act 1982 (general power to give selective financial assistance to industry) is not to count towards the limit set by subsections (4) and (5) of that section if the assistance has been designated under subsection (2) as “coronavirus-related”.
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the designated assistance provided by the Secretary of State in that quarter, and
all designated assistance provided by the Secretary of State from the time when this section came into force until the end of that quarter.
Her Majesty's Revenue and Customs are to have such functions as the Treasury may direct in relation to coronavirus or coronavirus disease.
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The relevant national authority may by regulations make provision relating to—
requirements to hold local authority meetings;
the times at or by which, periods within which, or frequency with which, local authority meetings are to be held;
the places at which local authority meetings are to be held;
the manner in which persons may attend, speak at, vote in, or otherwise participate in, local authority meetings;
public admission and access to local authority meetings;
the places at which, and manner in which, documents relating to local authority meetings are to be open to inspection by, or otherwise available to, members of the public.
The provision which may be made by virtue of subsection (1)(d) includes in particular provision for persons to attend, speak at, vote in, or otherwise participate in, local authority meetings without all of the persons, or without any of the persons, being together in the same place.
The regulations may make provision only in relation to local authority meetings required to be held, or held, before 7 May 2021.
The power to make regulations under this section includes power—
to disapply or modify any provision of an enactment or subordinate legislation;
to make different provision for different purposes;
to make consequential, supplementary, incidental, transitional or saving provision.
In this section the “relevant national authority” means—
in relation to local authorities in England, the Secretary of State;
in relation to local authorities in Wales, the Welsh Ministers;
in relation to local authorities in Northern Ireland, the Department for Communities in Northern Ireland.
In this section “local authority meeting” means a meeting of—
a local authority;
an executive of a local authority (within the meaning of Part 1A or 2 of the Local Government Act 2000 or Part 6 of the Local Government Act (Northern Ireland) 2014);
a joint committee of two or more local authorities;
a committee or sub-committee of anything within paragraphs (a) to (c).
In this section “local authority”, in relation to England, means—
a county council;
a district council;
a London borough council;
the Common Council of the City of London;
the Greater London Authority;
the Council of the Isles of Scilly;
a parish council;
a joint board continued in being by virtue of section 263(1) of the Local Government Act 1972;
a port health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984;
an authority established under section 10 of the Local Government Act 1985;
a joint authority established under Part 4 of the Local Government Act 1985;
a joint committee constituted to be a local planning authority under section 29 of the Planning and Compulsory Purchase Act 2004;
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, or created by an order under section 4A of that Act;
a National Park authority established under section 63 of the Environment Act 1995;
the Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988;
a conservation board established under section 86 of the Countryside and Rights of Way Act 2000;
an appeal panel constituted under the School Admissions (Appeals Arrangements) (England) Regulations 2012 (S.I. 2012/9).
a Mayoral development corporation established under section 198 of the Localism Act 2011;
an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980;
a parish meeting constituted under section 13 of the Local Government Act 1972;
Transport for London.
In this section “local authority”, in relation to Wales, means—
a county council;
a county borough council;
a community council;
a joint board continued in being by virtue of section 263(1) of the Local Government Act 1972;
a port health authority constituted under section 2 of the Public Health (Control of Disease) Act 1984;
a joint committee constituted to be a local planning authority under section 29 of the Planning and Compulsory Purchase Act 2004;
a strategic planning panel established under section 60D of the Planning and Compulsory Purchase Act 2004;
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
a National Park authority established under section 63 of the Environment Act 1995;
an appeal panel constituted under the Education (Admission Appeals Arrangements) (Wales) Regulations 2005 (S.I. 2005/1398).
In this section “local authority”, in relation to Northern Ireland, means a district council.
In this section—
Regulations under this section made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.
A statutory instrument containing regulations under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations under this section made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
The power of the Department for Communities in Northern Ireland to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
Regulations under this section made by the Department for Communities in Northern Ireland are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
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This section applies to BID arrangements if—
they are in force on the day on which this Act is passed, and
the period specified in the arrangements as the period for which they are in force is due to end on a date (“the 2020 expiry date”) that is on or before 31 December 2020.
But this section does not apply to BID arrangements (“current BID arrangements”) if—
a ballot under section 49(1) of the Local Government Act 2003 (“the 2003 Act”) has taken place before the day on which this Act is passed, and—
the business improvement district for the BID arrangements proposed in the ballot is the same or substantially the same as the business improvement district for which the current BID arrangements are in force, and
the date for the coming into force of the proposed BID arrangements is after the day on which this Act is passed, or
a ballot under section 54(2) of the 2003 Act for the renewal of the current BID arrangements has taken place before the day on which this Act is passed.
BID arrangements to which this section applies are to be read as if—
the period specified in the arrangements as the period for which they are in force ended on 31 March 2021,
the arrangements specified a chargeable period beginning on the day after the 2020 expiry date and ending on 31 March 2021 (“the 2021 chargeable period”),
the arrangements provided for the amount of BID levy chargeable for the 2021 chargeable period—
to be calculated in the same manner as for the last 2020 chargeable period, and
to be apportioned on a just and reasonable basis, where the 2021 chargeable period is not the same length as the last 2020 chargeable period, and
the description of non-domestic ratepayers specified in the arrangements as liable for BID levy for the 2021 chargeable period were the same as that specified for the last 2020 chargeable period.
“The last 2020 chargeable period” is the last chargeable period specified in the BID arrangements to end on or before the 2020 expiry date.
The requirement in section 54(1) of the 2003 Act that the period for which BID arrangements have effect may not exceed 5 years does not apply to BID arrangements to which this section applies.
Nothing in this section prevents the termination or alteration of BID arrangements in accordance with regulations under section 54(4) of the 2003 Act.
Expressions used in this section and in Part 4 of the 2003 Act have the same meaning in this section as they have in that Part.
This section binds the Crown.
This section does not apply in relation to Wales.
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This section applies to BID arrangements if—
they are in force on the day on which this Act is passed, and
the period specified in the arrangements as the period for which they are in force is due to end on a date (“the 2020 expiry date”) that is on or before 31 December 2020.
BID arrangements to which this section applies are to be read as if—
the period specified in the arrangements as the period for which they are in force ended on 31 March 2021,
there were a chargeable period in relation to the arrangements beginning on the day after the 2020 expiry date and ending on 31 March 2021 (“the 2021 chargeable period”),
the arrangements provided for the amount of BID levy chargeable for the 2021 chargeable period—
to be calculated in the same manner as for the last 2020 chargeable period, and
to be apportioned on a just and reasonable basis, where the 2021 chargeable period is not the same length as the last 2020 chargeable period, and
the description of eligible ratepayers liable for BID levy in relation to the arrangements for the 2021 chargeable period were the same as that for the last 2020 chargeable period.
“The last 2020 chargeable period” is the last chargeable period in relation to the BID arrangements to end on or before the 2020 expiry date.
The requirement in section 16(1) of the Business Improvement Districts Act (Northern Ireland) 2013 (c. 5 (N. I.)) (“the 2013 Act”) that the period for which BID arrangements have effect may not exceed 5 years does not apply to BID arrangements to which this section applies.
Nothing in this section prevents the termination or alteration of BID arrangements in accordance with regulations under section 16(4) of the 2013 Act.
Expressions used in this section and in the 2013 Act have the same meaning in this section as they have in that Act.
This section binds the Crown.
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A right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent may not be enforced, by action or otherwise, during the relevant period.
During the relevant period, no conduct by or on behalf of a landlord, other than giving an express waiver in writing, is to be regarded as waiving a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.
Subsections (4) to (6) apply in relation to any proceedings in the High Court commenced before the relevant period to enforce a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.
Any order made by the High Court during the relevant period to the effect that possession of the property comprised in the relevant business tenancy is to be given to the landlord must ensure that the tenant does not have to give possession of the property to the landlord before the end of the relevant period.
Subsection (6) applies where—
the High Court has made an order which would otherwise have the effect of requiring possession of the property comprised in the relevant business tenancy to be given to the landlord during the relevant period unless the tenant complies with some requirement before a time falling within that period, and
before possession is given to the landlord in accordance with the order, the tenant applies to vary the order.
In dealing with the application, the High Court must ensure that the tenant does not have to give possession of the property to the landlord before the end of the relevant period.
Subsections (8) to (10) apply in relation to any proceedings in the county court commenced before the relevant period to enforce a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.
The county court may not make an order, during the relevant period, under section 138(3) of the County Courts Act 1984 which specifies a period that expires before the end of the day which is the last day of the relevant period when the order is made.
Subsection (10) applies where— would otherwise expire during the relevant period.
the period specified in an order made, before or during the relevant period, under section 138(3) of the County Courts Act 1984, or
the period so specified as extended, or in accordance with subsection (10) treated as extended, under section 138(4) of that Act,
The period mentioned in paragraph (a) or (as the case may be) (b) of subsection (9) is to be treated as extended, under section 138(4) of that Act, so that it expires at the end of the relevant period.
For the purposes of determining whether the ground mentioned in section 30(1)(b) of the Landlord and Tenant Act 1954 (persistent delay in paying rent which has become due) is established in relation to a relevant business tenancy, any failure to pay rent under that tenancy during the relevant period (whether rent due before or in that period) is to be disregarded.
In this section—
A statutory instrument containing regulations of the Secretary of State under subsection (12) is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing regulations of the Welsh Ministers under subsection (12) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
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A right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent may not be enforced, by action or otherwise, during the relevant period.
During the relevant period, no conduct by or on behalf of a landlord, other than giving an express waiver in writing, is to be regarded as waiving a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.
Subsections (4) and (5) apply in relation to any proceedings commenced in any court before the relevant period to enforce a right of re-entry or forfeiture, under a relevant business tenancy, for non-payment of rent.
During the relevant period, the court may not make an order in pursuance of the right of re-entry or forfeiture to the effect that possession of the property comprised in the tenancy is to be given to the landlord before the end of the last day of the relevant period when the order is made.
Where a court has, before or during the relevant period, made an order in pursuance of the right of re-entry or forfeiture to the effect that possession of the property comprised in the tenancy is to be given to the landlord before the end of the last day of the relevant period the order is to be treated as if it specified that the land is to be delivered up immediately after the end of the relevant period.
For the purposes of determining whether the ground mentioned in Article 12(1)(b) of the Business Tenancies (Northern Ireland) Order 1996 (S.I. 1996/725 (N.I. 5)) (persistent delay in paying rent which has become due) is established in relation to a relevant business tenancy, any failure to pay rent under that tenancy during the relevant period (whether rent due before or in that period) is to be disregarded.
In this section—
The power to make regulations under subsection (7) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
Regulations under subsection (7) are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Her Majesty may by Order in Council, at the joint request of the Archbishops of Canterbury and York, postpone to the date specified in the Order the date on which the Convocations of Canterbury and York stand dissolved for the purposes of the Church of England Convocations Act 1966.
Section 1 of that Act is, accordingly, to be read subject to provision made by an Order under this section.
If either of the Archbishops is unable to exercise the power to join in making a request under subsection (1), or if the see of either of the Archbishops is vacant, the power may be exercised by the senior bishop of the province, with seniority for that purpose being determined in accordance with section 10(4) of the Bishops (Retirement) Measure 1986.
An Order under this section may make consequential, supplementary, incidental, transitional or saving provision.
In this Act “Minister of the Crown” means the holder of an office in Her Majesty's Government in the United Kingdom.
There is to be paid out of money provided by Parliament—
any expenditure which is incurred by a Minister of the Crown, government department or other public authority by virtue of this Act,
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided, and
any other expenditure which is incurred by a Minister of the Crown, government department or other public authority in connection with the making of payments, or the giving of financial assistance to a person (whether directly or indirectly), as a result of coronavirus or coronavirus disease.
In subsection (1)(c)—
the reference to expenditure includes expenditure incurred before or after the passing of this Act, and
“financial assistance” includes assistance provided by way of grant, loan, guarantee or indemnity, and any other kind of financial assistance (actual or contingent).
This Act comes into force on the day on which this Act is passed, subject to subsection (2).
The following provisions of this Act come into force on such day as a Minister of the Crown may by regulations appoint, subject to subsections (3) to (9)—
section 8 (and Schedule 7);
section 9;
section 10 (and Schedules 8, 9, 10 and 11);
section 15 (and Schedule 12);
section 16;
section 17;
section 18 (and Schedule 13);
section 19;
section 21;
sections 25 to 29 (and Schedule 15).
In the case of provision made by regulations under subsection (2) which could also be made by an authority under subsection (4), (6) or (8), a Minister of the Crown may not make the provision without the authority's consent.
If the condition in subsection (5) is met, the Welsh Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force, so far as it extends to England and Wales and applies in relation to Wales, on a day appointed by the regulations.
The condition is that, so far as it extends to England and Wales and applies in relation to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
If the condition in subsection (7) is met, the Scottish Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Scotland on a day appointed by the regulations.
The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
If the condition in subsection (9) is met, a Northern Ireland department may by order provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Northern Ireland on a day appointed by the order.
The condition is that the provision, so far as it extends to Northern Ireland— if it were contained in an Act of that Assembly.
would be within the legislative competence of the Northern Ireland Assembly, and
would not require the consent of the Secretary of State,
Different days may be appointed under subsection (2), (4), (6) or (8) for different purposes or areas.
A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act, subject as follows.
In the case of provision made by regulations under subsection (11) which could also be made by an authority under any of subsections (13) to (15), a Minister of the Crown may not make the provision without the authority's consent.
The Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Wales of a provision of this Act if the Welsh Ministers—
have the power to bring the provision into force in relation to Wales by virtue of subsection (4) (whether or not it has been brought into force), or
would have that power if the provision were listed in subsection (2).
The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Scotland of a provision of this Act if the Scottish Ministers—
have the power to bring the provision into force in relation to Scotland by virtue of subsection (6) (whether or not it has been brought into force), or
would have that power if the provision were listed in subsection (2).
A Northern Ireland department may by order make transitional, transitory or saving provision in connection with the coming into force in relation to Northern Ireland of any provision of this Act if a Northern Ireland department—
has the power to bring the provision into force in relation to Northern Ireland by virtue of subsection (8) (whether or not it has been brought into force), or
would have that power if the provision were listed in subsection (2).
Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
A relevant national authority may by regulations suspend the operation of any provision of this Act.
Section 16(1) of the Interpretation Act 1978 applies in relation to the suspension of a provision of this Act by regulations under subsection (1) as if the provision had been repealed by an Act.
A relevant national authority may by regulations revive the operation of a provision of this Act suspended by regulations under subsection (1).
The power in subsection (1) and the power in subsection (3) may be exercised more than once in relation to the same provision.
Regulations under this section—
may make different provision for different purposes or areas;
may make transitional, transitory or saving provision.
References in this section to a provision of this Act do not include—
section 1;
section 2 (and Schedule 1);
section 5 and Schedule 4 so far as they—
make provision about a person who has been registered in the register of pharmaceutical chemists or against whose name in that register an annotation has been recorded, or
make provision for or in connection with the revocation of a person's registration or the removal of an annotation;
section 6(a) and paragraph 1 of Schedule 5 so far as they—
make provision about a person who has been registered in any register by virtue of that Schedule, or
make provision for or in connection with the revocation of a person's registration;
section 6(b) (and paragraph 2 of Schedule 5);
sections 11, 12 and 13;
section 17;
section 19(11);
section 21(7);
section 34;
section 35;
section 36;
section 37(2) (and Part 2 of Schedule 16);
section 38(2) (and Part 2 of Schedule 17);
section 45;
section 46;
section 47;
section 48 (and Schedule 18);
section 49 (and Schedule 19);
section 50 (and Schedule 20);
section 51 (and Schedule 21);
section 52 (and Schedule 22);
sections 59 to 70;
sections 72 to 74;
section 75;
a provision of this Part;
Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts;
Part 3 of Schedule 8, and section 10(1) and Part 1 of that Schedule so far as relating to that Part;
Parts 3 and 4 of Schedule 10, and section 10(3) and Part 1 of that Schedule so far as relating to those Parts;
Parts 3 and 4 of Schedule 11, and section 10(4) and Part 1 of that Schedule so far as relating to those Parts;
paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 12, and section 15 and paragraphs 1 and 19 of that Schedule so far as relating to those paragraphs;
paragraphs 8, 9, 15, 16 and 30 of Schedule 13, and section 18 and paragraphs 1, 10 and 17 of that Schedule so far as relating to those paragraphs.
In this section “relevant national authority” means a Minister of the Crown, subject as follows.
In the case of regulations under this section which could also be made by an authority by virtue of subsection (9), (11) or (13), a Minister of the Crown may not make the regulations without the authority's consent.
The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
it extends to England and Wales and applies in relation to Wales, and
so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.
The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
it extends to Scotland, and
so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.
A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
it extends to Northern Ireland, and
so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—
it would be within the legislative competence of that Assembly, and
it would not require the consent of the Secretary of State.
References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.
The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.
Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
This Act expires at the end of the period of 2 years beginning with the day on which it is passed, subject to subsection (2) and section 90.
Subsection (1) does not apply to—
section 1;
section 2 and Schedule 1 so far as they—
make provision about a person who has been registered in any register by virtue of that Schedule, or
make provision for or in connection with the revocation of a person's registration;
section 5 and Schedule 4 so far as they—
make provision about a person who has been registered in the register of pharmaceutical chemists or against whose name in that register an annotation has been recorded, or
make provision for or in connection with the revocation of a person's registration or the removal of an annotation;
section 6 and Schedule 5 so far as they—
make provision about a person who has been registered in any register by virtue of that Schedule, or
make provision for or in connection with the revocation of a person's registration;
sections 11, 12 and 13;
section 17;
section 19(11);
section 21(7);
sections 59 to 70;
sections 72 to 74;
section 75(1);
section 76;
this Part;
Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts;
Part 3 of Schedule 8, and section 10(1) and Part 1 of that Schedule so far as relating to that Part;
Parts 3 and 4 of Schedule 10, and section 10(3) and Part 1 of that Schedule so far as relating to those Parts;
Parts 3 and 4 of Schedule 11, and section 10(4) and Part 1 of that Schedule so far as relating to those Parts;
paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 12, and section 15 and paragraphs 1 and 19 of that Schedule so far as relating to those paragraphs;
paragraphs 8, 9, 15, 16 and 30 of Schedule 13, and section 18 and paragraphs 1, 10 and 17 of that Schedule so far as relating to those paragraphs.
A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.
In the case of provision made by regulations under subsection (3) which could also be made by an authority under subsection (5), (7) or (9), a Minister of the Crown may not make the provision without the authority's consent.
If the condition in subsection (6) is met, the Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Wales of any provision of this Act.
The condition is that, so far as it extends to England and Wales and applies to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
If the condition in subsection (8) is met, the Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Scotland of any provision of this Act.
The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
If the condition in subsection (10) is met, a Northern Ireland department may by order make transitional, transitory or saving provision in connection with the expiry in relation to Northern Ireland of any provision of this Act.
The condition is that the provision, so far as it extends to Northern Ireland— if it were contained in an Act of that Assembly.
would be within the legislative competence of the Northern Ireland Assembly, and
would not require the consent of the Secretary of State,
The power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
The power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
A relevant national authority may by regulations provide that any provision of this Act—
does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (2)), and
expires instead at such earlier time as is specified in the regulations.
A relevant national authority may by regulations provide that any provision of this Act—
does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (1)), and
expires instead at such later time as is specified in the regulations.
A time specified under subsection (2) in relation to a provision of this Act must not be later than the end of the period of 6 months beginning with the time when the provision would otherwise have expired (whether by virtue of section 89 or previous regulations under subsection (1) or (2)).
Regulations under this section—
may make different provision for different purposes or areas;
may make transitional, transitory or saving provision.
In this section “relevant national authority” means a Minister of the Crown, subject as follows.
In the case of regulations under this section which could also be made by an authority by virtue of subsection (7), (9) or (11), a Minister of the Crown may not make the regulations without the authority's consent.
The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
it extends to England and Wales and applies in relation to Wales, and
so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.
The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
it extends to Scotland, and
so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.
A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
it extends to Northern Ireland, and
so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—
it would be within the legislative competence of that Assembly, and
it would not require the consent of the Secretary of State.
References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.
The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.
Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
A relevant national authority may by regulations amend or repeal any provision of this Act which modifies a provision of subordinate legislation.
The power in subsection (1) may be exercised only if the amendment or repeal is necessary in consequence of the amendment or revocation of the provision of subordinate legislation by other subordinate legislation.
Regulations under subsection (1) may make transitional, transitory or saving provision.
In this section “relevant national authority” means a Minister of the Crown, subject as follows.
In the case of regulations under subsection (1) which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority's consent.
The Welsh Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
The Scottish Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
A Northern Ireland department is also a relevant national authority in relation to regulations under subsection (1) which make provision which, if it were contained in an Act of the Northern Ireland Assembly—
would be within the legislative competence of that Assembly, and
would not require the consent of the Secretary of State.
Any power of a Minister of the Crown or the Welsh Ministers to make regulations under subsection (1) is exercisable by statutory instrument.
References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.
Any power of a Northern Ireland department to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
In this section “subordinate legislation” means—
subordinate legislation within the meaning of the Interpretation Act 1978,
an instrument made under an Act or Measure of the National Assembly for Wales,
an instrument made under an Act of the Scottish Parliament, or
an instrument made under Northern Ireland legislation.
A relevant national authority may by regulations make provision for an enactment to have effect with modifications in consequence of any provision of this Act.
Without prejudice to section 14 of the Interpretation Act 1978 (implied power to amend), a relevant national authority may by regulations amend or revoke any regulations made by the authority under subsection (1) in consequence of—
the exercise of a power under section 88,
the expiry of a provision of this Act under section 89, or
the exercise of a power under section 90.
Regulations under this section may make transitional, transitory or saving provision.
In this section “relevant national authority” means a Minister of the Crown, subject as follows.
In the case of regulations under this section which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority's consent.
The Welsh Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
The Scottish Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
A Northern Ireland department is also a relevant national authority in relation to regulations under this section which make provision which, if it were contained in an Act of the Northern Ireland Assembly—
would be within the legislative competence of that Assembly, and
would not require the consent of the Secretary of State.
Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.
Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
In this section “enactment” includes—
an enactment comprised in an Act or Measure of the National Assembly for Wales,
an enactment comprised in an Act of the Scottish Parliament,
an enactment comprised in Northern Ireland legislation, and
an enactment comprised in subordinate legislation.
In this section “subordinate legislation” means—
subordinate legislation within the meaning of the Interpretation Act 1978,
an instrument made under an Act or Measure of the National Assembly for Wales,
an instrument made under an Act of the Scottish Parliament, or
an instrument made under Northern Ireland legislation.
A statutory instrument containing regulations made by a Minister of the Crown under section 90(1) (other than regulations made in accordance with section 98(1)) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
A statutory instrument containing regulations made by a Minister of the Crown under section 90(2) must be laid before Parliament as soon as reasonably practicable after being made.
A statutory instrument containing regulations made by a Minister of the Crown under section 91(1) must be laid before Parliament as soon as reasonably practicable after being made.
A statutory instrument containing regulations made by a Minister of the Crown under section 92—
if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;
otherwise, must be laid before Parliament as soon as reasonably practicable after being made.
Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Regulations contained in an instrument laid before Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
In calculating the period of 40 days, no account is to be taken of any time during which—
Parliament is dissolved or prorogued, or
both Houses of Parliament are adjourned for more than 4 days.
Where regulations cease to have effect as a result of subsection (6) that does not—
affect anything previously done under or by virtue of the regulations, or
prevent the making of new regulations.
A statutory instrument containing regulations made by the Welsh Ministers under section 90(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
A statutory instrument containing regulations made by the Welsh Ministers under section 90(2) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.
A statutory instrument containing regulations made by the Welsh Ministers under section 91(1) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.
A statutory instrument containing regulations made by the Welsh Ministers under section 92—
if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;
otherwise, must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.
Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
Regulations contained in an instrument laid before the National Assembly for Wales by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.
In calculating the period of 40 days, no account is to be taken of any time during which the National Assembly for Wales is—
dissolved, or
in recess for more than 4 days.
Where regulations cease to have effect as a result of subsection (6) that does not—
affect anything previously done under or by virtue of the regulations, or
prevent the making of new regulations.
Regulations made by the Scottish Ministers under section 90(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).
Regulations made by the Scottish Ministers under section 90(2) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.
Regulations made by the Scottish Ministers under section 91(1) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.
Regulations made by the Scottish Ministers under section 92—
if they only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010);
otherwise, must be laid before the Scottish Parliament as soon as reasonably practicable after being made.
Subsection (2), (3) or (4)(b) does not apply if the regulations have been subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
Regulations laid before the Scottish Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.
In calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is—
dissolved, or
in recess for more than 4 days.
Where regulations cease to have effect as a result of subsection (6) that does not—
affect anything previously done under or by virtue of the regulations, or
prevent the making of new regulations.
An order made by a Northern Ireland department under section 90(1) is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
An order made by a Northern Ireland department under section 90(2) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
An order made by a Northern Ireland department under section 91(1) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
An order under section 92 made by a Northern Ireland department—
if the order only provides for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954;
otherwise, must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
Subsection (2), (3) or (4)(b) does not apply if a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
An order laid before the Northern Ireland Assembly by virtue of subsection (2), (3) or (4)(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.
In calculating the period of 40 days, no account is to be taken of any time during which the Northern Ireland Assembly is—
dissolved,
in recess for more than 4 days, or
adjourned for more than 6 days.
Where an order ceases to have effect as a result of subsection (7) that does not—
affect anything previously done under or by virtue of the order, or
prevent the making of a new order.
The Secretary of State must—
in respect of each reporting period, prepare and publish a report on the status of the provisions of Part 1 of this Act;
include in the report a statement that the Secretary of State is satisfied that the status of those provisions is appropriate.
A reference in this section to a provision of this Act is to the provision only so far as the Secretary of State is responsible for it (see subsection (6)).
The references in subsection (1) to the “status” of a provision are to—
whether the provision is in force at the end of the reporting period, and
whether any power under the following provisions has been exercised by a Minister of the Crown in relation to it during that period (and, if so, which and how)—
section 87(2) (regulations bringing provision into force);
section 88(1) or (3) (regulations suspending or reviving provision);
section 90(1) or (2) (regulations altering expiry date of provision).
Each of the following is a “reporting period”—
the period of 2 months beginning with the day on which this Act is passed;
each successive period of 2 months that ends during the substantive operational period of this Act.
The “substantive operational period of this Act” is —
the two-year period mentioned in section 89(1), or
if different, the period—
beginning with the day on which this Act is passed, and
ending with the time of expiry of the provision of this Act which, by virtue of regulations made by a Minister of the Crown under section 90(2), expires the latest.
The Secretary of State is responsible for a provision of this Act so far as—
it extends to England and Wales and applies in relation to England;
it—
extends to England and Wales and applies in relation to Wales, or extends to Scotland or Northern Ireland, and
is outside devolved legislative competence in Wales, Scotland or Northern Ireland (as the case may be).
A provision is “outside devolved legislative competence”—
in relation to Wales, if it would not be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);
in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
in relation to Northern Ireland, if— if it were contained in an Act of that Assembly.
it would not be within the legislative competence of the Northern Ireland Assembly, or
it would require the consent of the Secretary of State,
The Secretary of State must lay each report prepared under subsection (1) before Parliament.
If the Secretary of State does not prepare and publish the report required by subsection (1) within 7 days beginning with the end of a reporting period, the Secretary of State must—
explain why in a statement made in writing, and
publish the statement.
If the House of Commons rejects a motion in the form set out in subsection (2), moved in accordance with subsection (3) by a Minister of the Crown, a Minister of the Crown must exercise the power conferred by section 90(1) so as to ensure that the relevant temporary provisions expire not later than the end of the period of 21 days beginning with the day on which the rejection takes place.
That the temporary provisions of the Coronavirus Act 2020 should not yet expire.
So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1) to be debated and voted on by the House of Commons within a period of 7 sitting days beginning immediately after each 6 month review period.
In this section—
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “area” in relation to a local authority means the local government area for which the authority is constituted;
Article 29 (certificate of registration of death) has effect with the following modifications—
paragraph (1) has effect as if—
after “person giving information concerning the death” there were inserted “or the person who effects the disposal of, or performs any funeral service for, the body of the deceased person”;
after “a certificate in the prescribed form”, the words “under his hand” were omitted;
paragraph (2) has effect as if—
for “the person sending the notice, if required to do so,” there were substituted “the person who effects the disposal of, or performs any funeral service for, the body of the deceased person”;
after “a certificate in the prescribed form”, the words “under his hand” were omitted.
This paragraph applies at any time the Scottish Ministers are of the view that— The Scottish Ministers may, by direction, suspend— Before making a direction under sub-paragraph (2), the Scottish Ministers must consult the senior medical reviewer (or, if unavailable, the medical reviewer who is to perform the senior medical reviewer’s functions in such circumstances). A direction under sub-paragraph (2)— The Scottish Ministers must—
A review of a medical certificate of cause of death falls within this paragraph if— Where a review falls within this paragraph, the medical reviewer or, as the case may be, senior medical reviewer must refer the certificate to the procurator fiscal for investigation into the cause of death of the deceased person to whom the certificate relates under section 11, 12 or 16 of the 2011 Act.
In this Part—
A relevant operator of an educational establishment must comply with a direction under paragraph 11. A relevant operator must have regard to any guidance given by the Scottish Ministers about how to comply with a direction under paragraph 11. The duty imposed on a relevant operator to comply with a direction under paragraph 11 is enforceable, on an application made by the Scottish Ministers, by interdict or (as the case may be) by specific implement. An application made under sub-paragraph (3) may be made without notice being given to the relevant operator. In this paragraph, “relevant operator”, in relation to an educational establishment, is to be construed in accordance with paragraph 11(6) to (8).
In this Schedule— “Public health officer” means— A designation under sub-paragraph (2) may in particular be of a class or description of person. In this Schedule references to England, Scotland, Wales and Northern Ireland include the territorial sea adjacent to those parts of the United Kingdom respectively.
In this Schedule— For the purposes of sub-paragraph (1), “Crown premises” does not include any vessel— This Schedule applies in relation to Crown premises as it applies in relation to any other premises.
The Executive Office may, for the purpose of— issue a direction prohibiting, or imposing requirements or restrictions in relation to, the holding of an event or gathering in Northern Ireland. A direction under sub-paragraph (1) may be issued in relation to— A direction under sub-paragraph (1) may only have the effect of imposing prohibitions, requirements or restrictions on— A direction under sub-paragraph (1) may only be issued during a public health response period. A direction under sub-paragraph (1) may, among other things, impose requirements about informing persons who may be planning to attend an event or gathering of its prohibition or any requirements or restrictions imposed in relation to the holding of it. For the purposes of sub-paragraph (2), events or gatherings may be described— The reference in sub-paragraph (3)(c) to a person involved in the holding of an event or gathering does not include a person whose only involvement in the event or gathering is, or would be, by attendance at the event or gathering.
Before issuing a direction under this Part of this Schedule, the Executive Office must— Where a direction imposes prohibitions, requirements or restrictions on a person specified by name, the direction— In any other case, the direction must be published in such manner as the Executive Office considers appropriate to bring it to the attention of persons who may be affected by it. Where the Executive Office varies or revokes a direction which imposes prohibitions, requirements or restrictions on a person specified by name, notice of the variation or revocation— Where the Executive Office varies or revokes any other direction, notice of the variation or revocation must be published in such manner as the Executive Office considers appropriate to bring it to the attention of persons who may be affected by the variation or revocation.
This section applies where the substantive operational period of this Act is longer than the period of one year beginning with the day on which this Act is passed.
A Minister of the Crown must make arrangements for—
a motion in neutral terms, to the effect that the House of Commons has considered the one-year status report, to be moved in that House by a Minister of the Crown within the period of 14 Commons sitting days beginning with the day after the end of the sixth reporting period, and
a motion for the House of Lords to take note of the one-year status report to be moved in that House by a Minister of the Crown within the period of 14 Lords sitting days beginning with the day after the end of the sixth reporting period.
The “one-year status report” is the report required to be prepared by the Secretary of State under section 97 in respect of the sixth reporting period.
In this section—
The following provisions extend to England and Wales, Scotland and Northern Ireland—
section 1;
section 2 (and Schedule 1);
section 8, so far as it relates to Parts 1, 2 and 5 of Schedule 7 (and those Parts of that Schedule);
section 9;
sections 22 and 23;
section 24;
sections 25 to 29 (and Schedule 15);
section 50 (and Schedule 20);
section 51 (and Schedule 21);
section 52 (and Schedule 22);
section 54, so far as it relates to Part 2 of Schedule 24 (and that Part of that Schedule);
section 55, so far as it relates to paragraph 2 of Schedule 25 (and that paragraph of that Schedule);
section 58 (and Schedule 28);
sections 62 to 64 and 66;
sections 68 and 69;
section 71;
sections 72 to 74;
section 75;
section 76;
section 77(1) and (2);
this Part.
The following provisions extend to England and Wales and Scotland only—
section 8, so far as it relates to Part 3 of Schedule 7 (and that Part of that Schedule);
sections 39 to 41;
section 77(3).
The following provisions extend to England and Wales and Northern Ireland only—
section 61;
section 78.
The following provisions extend to England and Wales only—
section 3 (and Schedule 2);
section 6 (and Schedule 5);
section 10(1) (and Schedule 8);
section 11;
sections 14 and 15 (and Schedule 12);
section 18(1) (and Part 1 of Schedule 13);
section 19;
section 30;
section 33;
section 37(1) (and Part 1 of Schedule 16);
section 38(1) (and Part 1 of Schedule 17);
section 45;
section 53 (and Schedule 23);
section 54, so far as it relates to Parts 1 and 3 of Schedule 24 (and those Parts of that Schedule);
section 55, so far as it relates to paragraph 1 of Schedule 25 (and that paragraph of that Schedule);
section 56 (and Schedule 26);
sections 59, 60, 65 and 67;
section 79;
section 81 (and Schedule 29);
section 82;
section 84.
The following provisions extend to Scotland only—
section 4 (and Schedule 3);
section 7 (and Schedule 6);
section 10(2) (and Schedule 9);
section 12;
sections 16 and 17;
section 18(2) (and Part 2 of Schedule 13);
section 20 (and Schedule 14);
sections 34 and 35;
section 36;
section 37(2) (and Part 2 of Schedule 16);
section 38(2) (and Part 2 of Schedule 17);
section 46;
section 49 (and Schedule 19);
section 70.
The following provisions extend to Northern Ireland only—
section 5 (and Schedule 4);
section 8, so far as it relates to Part 4 of Schedule 7 (and that Part of that Schedule);
section 10(3) and (4) (and Schedules 10 and 11);
section 13;
section 18(3) (and Part 3 of Schedule 13);
section 21;
section 31;
section 32;
section 37(3) (and Part 3 of Schedule 16);
section 38(3) (and Part 3 of Schedule 17);
sections 42 to 44;
section 47;
section 48 (and Schedule 18);
section 57 (and Schedule 27);
section 80;
section 83.
Her Majesty may by Order in Council provide for the extension, with or without modifications, to the Isle of Man of any provision of this Act which is capable of so extending.
This Act may be cited as the Coronavirus Act 2020.